Can You Sue A Paramedic Or EMT For Malpractice?

Emergency medical service (EMS) agencies respond to more than 40 million calls each year in the United States. Of these, more than 2 million occur in Pennsylvania alone. While many of these calls have a satisfactory outcome, some medical emergencies result in catastrophic injury or death. Most of these are tragic accidents or unavoidable health emergencies, but a negligent paramedic or EMT can sometimes worsen a bad situation.

What Do Paramedics And EMTs Do?

While many of us use the terms “paramedic” and “EMT” interchangeably, they’re actually different professions. Both are trained to be first responders in medical emergencies, but they receive different levels of training and have different responsibilities.

An EMT, or emergency medical technician, is trained to quickly determine the nature and severity of a patient’s illness or injury and provide emergency care such as:

• administering oxygen

• performing CPR

• using a defibrillator if needed to restart the heart

• injecting an Epi-Pen (epinephrine) for anaphylactic emergencies

• providing Narcan (naloxone) in cases of known or suspected overdoses

• splinting fractured bones

• keeping patients stable on their way to the hospital

Paramedics, however, are required to complete more extensive training. They are qualified to perform more advanced procedures and can offer more advanced life support. In addition to what an EMT can do, paramedics can also:

• monitor and interpret EKG (electrocardiogram) readings, which can help to diagnose a heart attack or other heart condition

• perform intubations and tracheostomies, which can help patients breathe if their airway is blocked or damaged

• administer oral and intravenous medication if needed to stabilize their condition on the way to the hospital

What Can Go Wrong?

Paramedics and EMTs are expected to make quick, accurate assessments when they arrive at the scene of a medical emergency. While they’re usually able to ascertain the problem quickly and determine the correct next steps, some cases are not as obvious and may require a more in-depth examination. An incorrect assessment of the patient’s condition could result in serious harm in these instances.

Paramedics and EMTs make life-and-death decisions every day, and sometimes, the decisions they make don’t have the desired outcome, but that doesn’t mean they’re negligent. Suppose they’ve done their job to the best of their ability, and any reasonably competent paramedic or EMT would have done the same thing. In that case, poor outcomes are typically considered to be an unfortunate but unavoidable result. However, if an EMS provider is negligent and it results in further harm or death to their patient, then they should be held accountable for their error.

What Is Malpractice?

Medical malpractice occurs when a medical professional, through inaction or negligent action, deviates from standard practices in their profession and causes injury or death to a patient. In simpler terms, a paramedic or EMT can be sued for malpractice if they don’t do what they’re supposed to, which results in harm or death.

How Can Paramedics And EMTs Commit Malpractice?

While paramedics and EMTs don’t have the exact same abilities and responsibilities, both professions still have a standard of care that they need to follow. Paramedics and EMTs can be found negligent if they:

• fail to respond promptly

• fail to bring the correct equipment to the scene

• fail to use their equipment in the correct manner

• fail to keep their equipment in proper working order

• make a medication error (if they’re a paramedic)

• fail to administer oxygen when it’s needed

• fail to monitor vital signs regularly

• fail to identify and treat life-threatening injuries or illnesses

• drive negligently when transporting the patient from the scene to the hospital

In addition, EMS agencies can also be found negligent if they:

• fail to properly train their paramedics and EMTs

• fail to provide their paramedics and EMTs with the equipment they require to do their job

• fail to repair or replace equipment as it becomes old or outdated

• intentionally provide inadequate staffing to meet the needs of the area they serve

Why Choose Ross Feller Casey?

The legal team at Ross Feller Casey has a nationally recognized reputation for obtaining record-setting results. Our lawyers and an on-staff team of Ivy League-trained doctors specialize in personal injury suits, including the catastrophic injuries and deaths caused by medical malpractice. We have recovered more than $3 billion for our clients, including hundreds of multimillion-dollar cases. If you or a loved one has been catastrophically injured or died due to a paramedic or EMT’s negligence, contact the attorneys at Ross Feller Casey for a free consultation to discuss your legal rights and determine whether you have a medical malpractice or wrongful death case. 

We handle all our cases, including those involving EMT and paramedic malpractice, on a contingency basis. That means you will never be asked to pay anything until a financial recovery is made in your case.