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Negligence in EMS (Emergency Medical Services)

Sophia Soraya

March 25, 2024

Healthcare professionals who offer emergency medical services are expected to uphold a standard of care to any patient under their watch. Even so, emergency medical professionals can be negligent or make mistakes that harm a patient.

Ambulance or emergency room negligence or errors have devastating consequences for patients, including life-changing injuries or complications. For instance, despite a patient being allergic to a specific medication, providers might administer it anyway, worsening the victim’s condition.

Fortunately, personal injury law allows patients who are victims of medical malpractice to recover damages through a medical malpractice lawsuit. Since the burden of proof lies with the injured victim, always consider working with a trusted medical malpractice attorney to increase your chances of a fair outcome.

Emergency Medical Services

Emergency medical technicians (EMTs) provide critical medical care to patients experiencing time-sensitive emergencies like cardiac arrest, stroke, or myocardial infarction, which can substantially promote optimal recovery or enhance their recovery rate.

Emergency medical services are offered on-site and in ambulances on the way to the hospital. For instance, they will perform the required medical care at the scene to stabilize the patient and safely transport them to medical facilities.

The primary roles of EMTs include:

  • Provide basic first aid as necessary
  • Respond promptly to emergency calls
  • Provide life-saving medical treatments like CPR
  • Establish a suitable place to transport the patient for continued care
  • Assess a patient’s medical condition and determine a suitable method of care
  • Put an initial plan of care to stabilize a distressed patient promptly
  • Communicate clearly and effectively with other first responders, emergency medical staff, and personnel
  • Document treatment care offered to patients

Types of Negligence in Emergency Medical Services

Misdiagnosis

Misdiagnosis occurs when a doctor fails to recognize the condition that a patient is suffering from. It often leads to a host of issues, including incorrect prescriptions or a worsening of the patient’s condition.

Misdiagnosis often affects the timing of a treatment plan. If proper treatment is missed because of timing, the condition may become untreatable, causing severe complications or wrongful death.

Failure to Prevent Infections

If unsanitary conditions exist or healthcare providers use unsterilized equipment, a patient may develop an infection. In such a case, a healthcare provider may be liable for medical negligence by treating the patient in unsanitary conditions.

Medication Errors

Healthcare providers use medication as part of interventions to stabilize patients in an emergency. However, they often make the following errors, leading to medical malpractice:

  • Incorrect dosage, which involves administering excess or insufficient medication
  • Wrong dosage, which consists of providing medication that is unsuitable for the patient’s condition
  • Failure to monitor patients for adverse reactions to medication

Birth Injuries

The force applied during labor and delivery often causes birth injuries to the patient. If there’s a need to perform an emergency delivery, a healthcare provider should use caution to avoid birth injuries.

For instance, infants may sustain bone fractures before or during delivery. Clavicle fractures are common, occurring in approximately 15 in 1000 live births. Other common birth injuries include nerve damage, brain injury, perineal trauma, and muscle damage.

How to Sue Healthcare Providers for Medical Negligence?

When a patient sustains physical harm due to a medical provider’s negligence or errors, they deserve compensation for their injury-related losses. However, medical malpractice lawsuits are complex, so it pays to understand the proper steps.

Consult a Medical Malpractice Attorney

The most important step is hiring an experienced medical malpractice attorney. First, the attorney will evaluate the circumstances of your injury and determine whether your case is worth pursuing.

More importantly, you need an attorney’s knowledge and skills to demonstrate the extent of your injury.

To establish the negligence of the healthcare provider, you must gather as much evidence as possible, including:

  • Specialist reports
  • Medical records
  • Doctor’s or physician’s note
  • Images of your physical injuries
  • Medical bills
  • Expert witness testimony
  • Prescription notes
  • Diagnostic tests
  • Patient’s testimony

Statute of Limitations

In New Jersey, the statute of limitations requires injured victims to initiate medical malpractice lawsuits within two years after the injury. However, there are exceptions to the rule, including minors who were harmed at birth.

Get Legal Assistance From an Experienced Paramus, New Jersey, Medical Malpractice Attorney

Recovering from a complication related to medical malpractice takes a toll on your finances, mental health, and productivity. You, therefore, deserve a fair settlement that covers your injury-related losses.

Varcadipane & Pinnisi, P.C. is a team of highly qualified and experienced legal professionals with a proven track record of success. Contact us online for a free consultation.

Sophia Soraya

Sophia Soraya is a seasoned attorney specializing in complex civil matters, with a focus on personal injury, professional malpractice, and product liability cases across New York and New Jersey. Sophia is a Partner with the Firm and has been selected as a Super Lawyers, Rising Star for consecutive years.

University: J.D. New England Law (Boston)

Bar Number: 000402013

Locations: New Jersey and New York.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partners, Jeffrey W. Varcadipane & Dawn M. Pinnisi, with more than 40 years of combined legal experience as personal injury attorneys.

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