News / Resources

Health Law Reporter: Air Ambulances: How Hospitals Can Minimize Liability Risk

Houston partner Bob Wolin authored an article for the November 13 edition of the Bureau of National Affairs' Health Law Reporter publication titled, "Air Ambulances: How Hospitals Can Minimize Liability Risk."

According to Wolin, "After numerous recent crashes, the question being asked more and more frequently is no longer whether the air ambulance industry needs a lifeguard, but rather who the lifeguard watching the pool should be . . . the hospitals and EMS providers who could be the lifeguard may well be part of the problem . . . hospitals and EMS providers faced with a critical patient often apply significant pressure on these air ambulance providers to complete the mission or face the threat of a competitor being called to provide the service, a practice called 'shopping.' In essence, air ambulance operators are being encouraged to swim in rough waters with swift currents by the very enterprises that some believe should be acting as the lifeguard."

Wolin advises that "to avoid potential liability, hospitals should assure that they adequately investigate the qualifications of their air ambulance service providers and carefully monitor their operations. In particular, providers should implement policies to prevent staff members from engaging in 'helicopter shopping.'"

Additionally, according to Wolin, "Hospitals must be aware of the air ambulance traffic in and out of their helipads and coordinate with the crews to avoid tragedy" and hospitals "must also carefully monitor their own physical plant operations and construction activities. Failing to do so can have a significant and adverse impact on helicopter safety."

Wolin concludes: "Air ambulance services must be carefully operated to assure patient and crew safety and avoid potential liability to providers. The care must begin during the contracting process and extend to the operations of both the air ambulance service itself and must consider the impact that changes to the medical center and its heliport may have on the operations. In addition, staff must be trained to avoid placing undue pressure on air ambulance crews to complete a mission, when the risks of the mission exceed pre-determined thresholds without management and aviation safety consultation."