EMTs, or emergency medical technicians, are important to the healthcare system. In times of emergency, they frequently arrive first to offer medical attention. According to the U.S. Bureau of Labor Statistics (BLS), there were 167,040 EMTs in the country as of May 2023.
They make snap judgments that might mean the difference between life and death. However, when these first responders fall short of their responsibilities, the results may be disastrous. Legal problems surrounding EMT-caused fatalities are complicated because they raise concerns about responsibility and the standards that these professionals are held to.
In this article, we will look at the legal challenges faced in EMT-caused wrongful deaths.
The Role of EMTs in Emergency Care
EMTs are qualified to manage a variety of medical crises, including stabilizing trauma victims and doing CPR. They frequently operate under really tight deadlines, with little time to gather information and evaluate a problem.
They still have to deliver competent treatment and follow tight standards in spite of these difficulties. The public looks to them for their knowledge and prompt action, believing that they will make the correct choices when things count.
ScienceDirect conducted a study to see how paramedics, an essential part of the emergency healthcare system, just like EMTs, make decisions. The study of 864 paramedics concluded that they use several objective and non-objective factors while making decisions. For instance, people with mild dementia and moderate frailty were less likely to be resuscitated.
However, errors can occur because of the nature of emergency medical care. Errors committed by EMTs, whether by misunderstanding, incorrect protocol, or poor judgment, can have lethal results. In cases where these mistakes result in untimely deaths, the bereaved families are forced to negotiate a challenging judicial system to get justice.
What Is the Most Important Responsibility of an EMT?
Assessing the patient and learning enough about their condition will be an EMT’s primary responsibility. This information is necessary to be able to offer the proper emergency treatment. In other words, evaluation always comes before emergency care.
Legal Standards and EMT Accountability
Like other medical professionals, EMTs are subject to a standard of care that is determined by what they are expected to perform. The particulars of the situation, training, and established processes all have an impact on this criteria.
It might be difficult to decide if an EMT’s conduct qualified as carelessness, though. Evaluations of what is reasonable or sensible are complicated by the chaotic character of emergency circumstances.
In a wrongful death action involving an EMT, the plaintiff must demonstrate that the EMT’s negligence directly contributed to the victim’s demise. To prove negligence, it is necessary to show that the EMT’s conduct was negligent due to their departures from established norms.
Consider the example of a recent wrongful death filing against St. Louis EMTs. As reported in a First Alert 4 article, there was a motorcycle accident in February 2024 on the streets of St. Louis.
A police officer witnessed the crash and called emergency services immediately for help. However, there was a delay in the response, which took around 38 minutes. By the time the victim was taken to the hospital, he was already dead.
The victim’s sister says that if the response time had been shorter, her brother would be alive. She has now filed a wrongful death lawsuit against the city and the two EMTs. The lawsuit states that the ambulance was taken out of service for 29 minutes of the total 38-minute response time.
When dispatched to the accident scene, someone threw a rock at the ambulance, denting it. Due to this, the EMTs assigned to the case got out of service for 29 minutes. The lawsuit claims that despite the dent, the ambulance was still operational. Additionally, it is also not clear why another ambulance was not dispatched if it was out of service.
In such cases, establishing clear negligence can be challenging. For instance, there is no saying why the ambulance was taken out of service, whether EMTs should have continued driving the ambulance, etc.
In this case, one of the best things the victim can do is hire a St. Louis personal injury attorney. Since the victim or their families won’t have the right knowledge to navigate the complex nuances, it is best to seek help. Lawyers work in this space for their living and know different ways to establish negligence.
According to TorHoerman Law, attorneys can gather evidence such as police reports, witness statements, medical documents, etc. They can use the evidence to prove liability in your case, strengthen it, and get you the right justice and compensation. They can even assess damages and negotiate with insurance providers to ensure they cover all costs and expenses.
Common Causes of EMT-Related Wrongful Deaths
Wrongful deaths brought on by EMTs can result from a number of reasons. One frequent problem is the inability to accurately evaluate a patient’s state. Sometimes, significant indications are missed or misinterpreted by EMTs, which causes incorrect care or a delay in receiving it.
Mistakes in communication also have a big part in unfortunate fatalities involving EMTs. Treatment errors or delays in care may result from poor communication between EMTs and hospital personnel, as well as within the EMT team. Inadequate documentation of a patient’s health and the therapies they get can make transferring patients to hospital staff more difficult.
An NCBI study reveals that the following five major factors can contribute to patient satisfaction when it comes to EMT care:
- Explanation and communication
- Quickness of transport
- Physical treatment and psychological support
- Teamwork
- The environment in the ambulance
Can Misuse of Medical Equipment Cause Wrongful Deaths?
To give treatment, EMTs rely on various instruments and equipment. However, if they are not properly trained or do not follow protocols, these items may do more damage than good. For instance, using defibrillators, intubation tools, or oxygen tanks improperly might result in serious problems or even death.
The Role of Expert Witnesses in Wrongful Death Cases
In wrongful death instances when EMTs are involved, expert witnesses are essential. These professionals, usually skilled EMTs or doctors, testify about the level of care that should be provided in the particular circumstance.
They aid in the court’s comprehension of the nuances of emergency medical treatment. These can include the proper protocols to follow and the appropriateness of the EMT’s actions in the given situation.
What Are the Challenges in Finding a Reliable Expert for EMT-Related Wrongful Deaths?
Finding reliable specialists may be challenging, though, particularly when dealing with complicated medical conditions or divisive situations. In addition, if the defense brings in its own experts, the court will have to go through a conflicting set of opinions. These different viewpoints can impact and influence the court’s decision.
Due to the complexity of emergency medical treatment and the safeguards provided for these first responders, wrongful fatalities involving EMTs pose serious legal issues. Significant evidence and expert testimony are needed to prove carelessness and causation, and the court procedure itself can be difficult.
Notwithstanding these challenges, it is imperative to pursue justice in these situations to hold EMTs responsible. This is important to ensure the maintenance of emergency medical service standards of care.
