Ambulance Negligence: Who’s at Fault?

Emergency medical technicians (EMTs) are usually the first responders at the scene of an urgent medical crisis. As such, their role is crucial to the patient’s outcome. EMTs are trained to handle acute health crises and serious injuries while en route to the hospital in an ambulance. Their goal is to keep the patient stable until they arrive at the hospital for more sophisticated treatment, including emergency surgery. Without EMTs, many patients would never make it to the hospital in time. Their life-saving role is responsible for saving people every day. But what if they make a mistake that causes injury to the patient? What if their mistakes result in the patient’s death? What if they refuse to treat the patient at all? Contact a Boston Medical Malpractice Lawyer Today.

If you believe that an EMT’s negligence resulted in serious injuries or death, you may want to file an EMT malpractice lawsuit. As with all medical malpractice cases, you must first establish that a breach of duty of care existed. Duty of care in malpractice cases refers to the standard of care that the medical professional is held to. Did he or she provide the same quality of care that an EMT with similar skills and knowledge would have provided under the same, or similar, circumstances? If the answer is no, the EMT may be liable for a breach of duty of care.

Examples of Breaching the Duty of Care

  • Failing to respond to a 911 call
  • Not arriving fast enough, or not getting the patient to the hospital in a timely manner
  • Not having the appropriate equipment, treatments, or medications in the ambulance
  • Improper insertion of a breathing tube
  • Giving hospital staff inaccurate information about the patient

Gross negligence is a more serious claim. Gross negligence occurs when the EMT’s actions are excessively negligent. For example, if the EMT refuses to perform CPR on an unconscious patient, this may be considered gross negligence. However, if the EMT performs CPR but is unsuccessful at saving the patient, this would not be considered gross negligence.

What if My Ambulance is Involved in an Accident?

If an ambulance is involved in a collision while a patient is inside, the patient is entitled to file a claim. You may be able to recover damages if you were injured as a result of the accident. Whether compensation comes from the ambulance company or the driver of another vehicle depends on who was at fault in the accident.

Who is at Fault in an Ambulance Negligence Case?

It depends. There are several parties involved in every ambulance call; the 911 operator and service, the county government, the ambulance service (either private or county run), the EMTs, the hospital, and receiving medical staff. Every case is unique. If the case is against a county, special immunity rules may apply. With the help of an experienced malpractice lawyer, you can determine who was at fault in your unique case.

Altman & Altman, LLP – Ambulance Negligence Lawyers Serving Boston and the Surrounding Areas

If ambulance negligence played a role in your injuries, you may be entitled to compensation for medical expenses, pain and suffering, lost wages, and more. The skilled, experienced team at Altman & Altman, LLP has been helping victims of accidents and injuries for over 50 years. Our medical malpractice team has extensive experience with ambulance negligence cases. Contact us today for a free consultation about your case.



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