Can I be forcefully moved by EMS to save another person?

Factual Questions
1

Scenario: Evil Supervillain handcuffs me and a stranger to one another. Let’s assume these are special handcuffs that regular bolt cutters cannot cut through.

The supervillain leaves so we call 911, the authorities show up, and the man who is handcuffed to me goes into cardiac arrest. The EMS were already on their way, and when they arrive they want to transport me and the other person to the hospital, but I refuse to be transported.

Can I be forcefully moved in this situation since there is no way for the EMS to get a dying man to the hospital without moving me along with him?

2

I’m sure a real lawyer will come along, but as a law student, I say yes. The EMT’s affirmative defense will be one of necessity: to prevent death or serious bodily injury to another.

3

I certainly hope so. If (as seems most unlikely) the law says no, then the law is an ass (and should be changed).

And, of course, anyone who actually stood on what they supposed to be their rights in such a situation would be very much worse than an ass.

4

Cop/EMT/whoever: “Here, hold this wrist and handcuff good and tight.”

Knees stubborn jerk in the crotch.

“There, now he wants to go to hospital too.”

5

Um, why? Are you just a jerk, or is this because transport by ambulance costs money in the US, and you can’t pay?

6

Also the Doctrine of Competing Harms. It basically says that it is acceptable to violate a law in order to prevent a greater harm than what would happen by complying with the law.

So, in your example, the EMT could be charged with battery and kidnapping if he transported you against your will, but on the other hand a person would likely die if he did not do so. A court would likely excuse his behavior because your minor inconvenience of having to go to the hospital is outweighed by the need for the other man to go.

7

Grab the nearest cop and have him unlock cuffs.

If fire dept is on scene, they have lots of nifty cutting tools that they can deploy in a couple minutes.

8

Also in most states interference with EMS patient treatment or transport will get you arrested. So you can play nice or plan on a visit to county jail. If the person in question dies as a result of you dragging your heels I believe you can be charged in their death as well (but it will be some candy ass " accessory to" type charge since you didn’t hurt him just delayed care)

9

Thier “Duty to Rescue”, once on scene, is precedential to most other legal factors I would imagine, including veto of transport by the other.

If cojoined twins are the sujects instead of two people handcuffed. The one not hurt can say, “I do not want to go with you”. The one hurt says “I want to go with you”.

What then?
Let’s use another example, for illustrative purposes. A few years ago the SC ruled if a husband and wife are at the door for police, one permits an entry, one does not, the one who does not, if any contraband is found thier area, it can not be used against them, even though the person who admitted them possessed actual authority also.
IOW, the legal authority/demand of one is not binding on another,
“joint but still severable”?
I read some case law once, and I can’t cite it, but the SC said, when there are 2 or more rights involved, and they conflict, here they were constitutional, the courts look to the one of less detriment as a whole, similar to the “choice of law” doctrine.

10

Yes. Any interference on you part with saving the life would be punishable by law.

Just because youre cuffed to him doesnt protect you from the interference.