EMS and Medical Malpractice

Medical malpractice occurs when a patient is injured due to the negligence or carelessness of a medical professional. While all medical personnel deal with high stress situations, EMTs and paramedics face some of the most stressful. When negligence or carelessness cause injury to the victim of a medical emergency, EMTs and paramedics can be held liable in a medical malpractice lawsuit.

Types of Medical Malpractice Involving EMTs and Paramedics

Emergency medical technicians and paramedics are responsible for triaging and administering emergent care. That can result in saving a person’s life or, in some cases, result in further injury and possibly death. Mistakes can happen in these often chaotic circumstances, but when they are due to carelessness or negligence, medical malpractice has occurred. Types of situations that result in emergency medical malpractice can include:

• Delayed response by ambulance, medical personnel, or first responders
• Misdiagnosis at the scene of the emergency
• Mistakes in medication administration
• Medical device and emergency vehicle malfunctions due to poor maintenance or repair
• Reckless driving by ambulance drivers
• Substandard level of care
• Alcohol or drug impaired medical personnel
• Incorrect information from dispatcher
• Lack of training of emergency workers
• Insufficient number of emergency workers dispatched
• Wrong instructions given or failure to follow the instructions of a doctor communicating by phone to emergency crews

Claiming Liability for Medical Malpractice

It is often overwhelming for a victim of medical malpractice to navigate through the process of filing a claim. Victims can be traumatized by the emergency situation and still be recovering from their injuries during the time limits imposed on medical malpractice lawsuits. An experienced medical malpractice lawyer can help their client gather pertinent evidence and meet crucial deadlines for a successful claim.

New Jersey requires an Affidavit of Merit to be filed within 60 days from a defendant’s acknowledgement of your lawsuit. The Affidavit of Merit is a statement taken under oath from a medical provider that claims there is reasonable cause to believe medical malpractice has occurred. They attest that the level of care and treatment delivered by the EMTs and paramedics was outside the parameters of standard care.

A medical malpractice lawyer will also comb through emergency dispatch records and medical treatment logs, ensure that the EMTs and paramedics on the scene had adequate training, and take testimony from ambulance drivers, dispatchers, and doctors that were involved in the administration of services during the emergency.

The New Jersey medical malpractice lawyers at Eichen Crutchlow Zaslow, LLP have a keen eye for detecting failure to administer proper treatments and medications related to the emergency, such as defibulators, epinephrine, and Narcon. We will also gather testimony from family, witnesses at the scene, and emergency room personnel to determine the level of care given to the patient.

Since the burden of proof for medical malpractice falls on the victim, consulting with an experienced medical malpractice lawyer is essential to a successful case outcome. Victims of medical malpractice can recover compensation for their medical bills, and in some cases, for damages related to their pain and suffering.

New Jersey Medical Malpractice Lawyers at Eichen Crutchlow Zaslow, LLP Help Victims of Medical Malpractice Claim Compensation

If you believe you have been injured by the negligence of a medical professional, call the New Jersey medical malpractice lawyers at Eichen Crutchlow Zaslow, LLP at 732-777-0100, or contact us online to schedule a consultation today. Our offices are conveniently located in in Edison, Red Bank, and Toms River, and we represent clients throughout the state of New Jersey.

Related:

• Empty Nose Syndrome as a Result of Medical Malpractice
• Apology Laws
• Witnessing Hospital Mistakes May Harm Family Members