Can EMTs Be Held Responsible for Medical Malpractice?

According to ABC News 9 in Cincinnati, a woman and her husband have filed a lawsuit against the City of Newport and Newport Fire & Rescue, alleging that the woman suffered a heart attack after being given the wrong medication by EMT paramedics in the back of an ambulance. The lawsuit states that the woman had fallen and hit her head, suffering from a laceration and a closed head injury. While on the way to the hospital, she requested anti-nausea medication, specifically Ondansetron (Zofran), but an EMT incorrectly loaded and administered a syringe with epinephrine/adrenaline instead, causing immediate cardiac distress. She was taken to the hospital and diagnosed with “medication overdose from epinephrine administration by EMRS.” The lawsuit alleges that she suffered a heart attack as a direct result of the EMT’s negligence. If you were hurt because of the actions of an emergency medical technician’s negligence, you might be wondering if you can sue them for medical malpractice.

What Is Medical Malpractice?

Medical malpractice occurs when a medical professional fails to act reasonably and do what another medical professional with similar credentials would have done under similar circumstances. But EMTs are not held to the same standard of care as doctors, surgeons, nurses, and other medical professionals because they have different training and education. However, you could file a lawsuit against an EMT for negligence and potentially their employer if that entity failed to hire, train, or supervise the individual responsibly.

Kinds of Medication Errors

Medication errors often cause preventable injuries or illnesses. This type of error typically occurs while the medication is controlled by a nurse, doctor, EMT, or other health care professional. Medication errors generally are errors of omission or commission. They include:

• Administering medication incorrectly
• Administering incorrect dosages
• Administering the wrong medication
• Failing to identify drug interactions and allergies
• Failing to administer medication in a timely manner
• Failing to administer medication

Causes of the Errors

In many cases, EMTs treat patients under chaotic and often life-threatening circumstances. In these situations, they might fail to follow official procedures or act with proper caution. Once at the hospital, they might miscommunicate with other healthcare professionals and personnel about critical facts, such as a patient’s allergic reaction to a specific medication. If an EMT’s action or inaction injures you, you could have a claim against their employer based on the employer’s responsibility for the actions and omissions of its employees. If multiple parties are involved, you might have a claim against some or all of them if they share fault for the harm you’ve suffered.

Types of Compensation Available

If you have a valid claim against an EMT or their employer, you could be eligible for significant compensation, depending on the nature and extent of your injuries. This compensation typically includes the following:

• Payment of medical expenses
• Lost income due to time missed from work
• Loss of future wages, if the accident left the victim permanently disabled
• Pain and suffering

In the story above, the defendant’s lawsuit requested compensatory damages, including past medical bills exceeding $100,000 and future medical bills “expected to exceed $200,000.

When Are EMTs Liable?

EMTs assist paramedics and doctors, administer oxygen, take vital signs, and monitor the patient. An EMT has a more limited scope of practice because of their limited level of education and training. However, EMTs still have a duty to act with reasonable care, especially when any type of prescription drug is involved. EMTs are liable when they breach this duty and cause the patient harm.

Contact Salvi, Schostok & Pritchard P.C. Today

An EMT’s medication error could cause serious or potentially fatal harm to the patient they were supposed to help. If you were injured because of a medication or any other type of error made by an EMT, contact the Chicago injury attorneys at Salvi, Schostok & Pritchard P.C. for a free consultation. Our diverse team of top litigators has more than 40 years of experience and the resources and skills needed to aggressively fight for the rights of our deserving clients. Contact us by phone or online today.