Paramedics, ambulance drivers, and EMTs can all be found guilty of negligence but determining who is liable depends on where the employee works, who participated in the treatment of the patient, and the primary cause of death. Those who work as EMTs could be independent contractors or employees.

The majority of today’s paramedics work for private hospitals or for private entities. An experienced wrongful death attorney might be necessary to help you discover who is the right person to name in a lawsuit or an insurance claim.

What Are the Responsibilities of an EMT to Patients?

Paramedics or EMTs must meet expectations that are upheld by medical certification agencies and state laws and regulations. Their duties typically include responsibilities such as transporting patients to the closest medical facility, assessing a patient’s injuries and identifying any severe medical conditions, communicating the patient’s condition to the relevant ER staff, and using their medical training to treat symptoms as necessary.

EMTs or paramedics, however, are limited in the procedures they are eligible to provide by patients, largely because of state restrictions and because of the location in which they do their work.

While some EMTs might be able to diagnose, they should not treat ailments or injuries that are not deemed life-threatening. If they do attempt to do so and a patient passes away, then these attempts to treat could be considered malpractice and could form the basis of a wrongful death lawsuit.

What Would I Need to Prove for a Wrongful Death Lawsuit?

Four elements must be present in order for a person’s death to fall into the category of medical malpractice, wrongful death or negligence. First, it must be shown that the defendant had a duty of care, which can be extremely complicated in cases involving EMTs due to their legal and skill restrictions.

The second aspect of a wrongful death claim is showing that the defendant breached their duty of care in a way that a reasonable person with the same level of training would not have done. Third, it must be shown that the alleged duty care breach was directly related to the cause of death for the patient involved. Finally, the lawsuit must illustrate damages.

In a wrongful death claim involving an EMT, death is the damage. While EMTs can commit negligence and make errors that constitute wrongful death, the restrictive nature of what they can do and are supposed to do in their job can make it extremely complicated from a legal perspective. Ensure that you consult with an experienced lawyer to determine whether or not you have grounds for a wrongful death claim.

When Can I File a Wrongful Death Claim?

If you believe that EMT negligence contributed to the loss of a loved one, you may be eligible to file a wrongful death claim. When it can be shown that EMT negligence was a clear cause of wrongful death, this information can become paramount in a lawsuit.

These cases are extremely complicated from a legal perspective as a result of the working environment and the limited duty of care held by paramedics and EMTs. You might have the potential grounds for a wrongful death lawsuit but you need to consult with an experienced and knowledgeable lawyer. Top Class Actions can assist you in finding an attorney.

This article is not legal advice. It is presented
for informational purposes only.