When you are in the care of paramedics you expect that you should be on the way to get getting better, not worse. Sadly, thousands of people every year suffer from EMS injuries and ambulance injuries. These are injuries caused or made worse by EMS workers, such as paramedics and fireman. Getting compensated for EMS negligence can be difficult. There are lawyers waiting to help you get the compensation you deserve. Learn how to protect your rights and let us connect you with the right personal injury lawyer fro your case.
Causes of EMS Injuries
EMS workers are under a lot of pressure to get sick people stable and transported to a hospital fast. While most do a tremendous job most of the time, sometimes mistakes are made.
Here are some of the most frequent causes of EMS injuries:
- Ambulance accident
- Drowsy EMS worker
- Distracted EMS worker
- Drug overdose
- Allergic reaction
- Failure to create safe treatment conditions
- Miscommunication
- Malpractice
EMS workers are not doctors. They do have medical training. They have the tools and training to administer life saving aid to patients in a variety of situations such as heart attacks, strokes, and severe wounds. However, one of the most common ways for someone to get injured while under the care of a paramedic is because the transport vehicle is involved in an accident.
Most other EMS injuries are related to stereotypical malpractice issues that happen throughout the medical industry. Often lack of sleep or inadequate training contributes to bad outcomes for patients.
Special Duty of Care
While all of us owe a general duty of care to everyone we come across, EMS workers owe patients a special duty of care. A paramedic or firefighter giving life saving aid is held to a higher standard than the average person. EMS workers must act as the reasonable EMS worker would act, and they must follow the ethical laws and regulations that govern them.
If an EMS worker fails to take a step in treating a patient that a reasonable EMS worker would have performed, and the patient is hurt or their condition is worsened because of the failure, the EMS worker can be found to be negligent.
A claim can be filed to request payment for all of the damages, both economic and non-economic, that were caused the negligence. This is true even if the EMS worker acted the same way a reasonable person would have acted.
Making a Claim
When you have EMS injuries, your first goal needs to be to get healthy. But, you may quickly find that your financial situation is deteriorating. Medical bills begin to grow, you may not be able to work, and other bills may also need to be paid.
When it comes time to make a claim for compensation you will need professional help. Most EMS workers are covered by insurance policies sometimes called errors and omissions insurance and sometimes called malpractice insurance.
Most cases start with a claim to the insurance company. The insurance company is not going to just roll over and give you whatever money you are asking for. They stay in business by putting roadblocks between people making claims and getting the compensation they deserve.
You will have to demonstrate to the insurance company that you are likely to win in court. This means you must have proof that the EMS worker was negligent. You must also be able to prove that your injuries were caused by the negligence and that you suffered damages.
Obstacles to Getting Compensation
While it may seem simple to prove a handful of things, you may run into several obstacles to getting compensated for your EMS services.
One common obstacle is showing your injuries were the result of the negligence and not because of a pre-existing condition. If you were in the care of an EMS worker, you had some sort of pre-existing injury. Insurance companies may try and say that the only pain and suffering you experienced was due to what was already wrong with you.
The EMS worker is responsible for not making your condition worse. But, it can be tough to show that certain actions made you worse off.
Another obstacle is at trial juries are sometimes reluctant to find that hard working paramedic or fireman was liable for an injury. Often juries do not understand that the individual will most likely not be being any money out of pocket, but that the insurance company is the one fighting the case and would be the one to pay out any damages.
Claims for EMS injuries often have tight deadlines. Let us help you find a lawyer with a proven track record in cases with EMS injuries. You and your family should not have to pay the financial cost of someone else’s mistake on your own.
