Can You Sue An EMT For Medical Malpractice?
Many people believe that medical malpractice is limited to doctors and hospitals. However, emergency medical technicians, or EMTs, could be liable if a person suffers if there is evidence of negligence. As with other medical malpractice cases, it can be challenging to win a claim, but it is possible. If you believe that EMTs are responsible for injuries you suffered, here is what you need to know.
What Counts as Negligence?
Medical malpractice is considered personal injury law, which means that you must prove that the EMTs were somehow negligent in treating you. There are several instances in which this could be true. For instance, if the ambulance was involved in an automobile accident on the way to the hospital and the EMT driver was at fault, you could have a claim. The driver has a responsibility to ensure that patients are transported as safely as possible.
The EMTs could also be at fault if they make mistakes in administering medication to you. For instance, if an EMT failed to check for pre-existing conditions and gave you a medication that caused you to have a heart attack, he or she could be liable.
EMTs are responsible for not only overseeing your care until you reach the hospital, but they also must relay your condition and the treatment you have received thus far to the medical staff there. If the EMT failed to properly communicate all the appropriate information to the hospital's staff and this led to an injury, you could claim medical malpractice.
Can You Sue the EMTs Directly?
Although you have the right to file a claim specifically naming the EMTs, chances are, it would be best to file a claim against the company that employees them. The company is responsible for ensuring that all employees have been fully trained and met the standards set by the state and federal government.
For instance, if the company did not ensure that the EMTs were fully trained on which medications to give in certain situations, you could argue that the company is responsible for your injuries.
The company could also be liable if it failed to properly maintain the ambulance in which you were transported and a malfunction caused the accident in which you were involved.
Talk to a personal injury attorney like Robert J. Ameen, Attorney at Law to learn more about your options for suing for medical malpractice and to determine if more than the EMTs and their employer is responsible.