Paramedics play an important role in caring for people who suffer serious injuries or illnesses. It may be possible to recover damages if a paramedic or emergency medical technician (EMT) made errors that harmed you while handling an ambulance call. If you believe you were injured due to paramedic malpractice, you should talk to the seasoned Syracuse medical malpractice attorneys of DeFrancisco and Falgiatano. Paramedic malpractice cases can be complicated and it is important to work with lawyers who understand how to mount these cases.
Paramedic MalpracticeParamedics and EMTs are usually the first on the scene of an emergency. They need to respond quickly and appropriately and stay calm in spite of the stress. They must have properly functioning equipment. A paramedic can have a significant impact on how your injury or illness turns out and whether you will recover fully. Unfortunately, paramedics and EMTs do make mistakes that can result in catastrophic harm. These mistakes can include medication errors, failure to adhere to assessment or care procedures, diagnostic errors, negligent driving of the ambulance, failure to bring the proper equipment, negligent use of medical equipment, and delayed response.
Liability for Paramedic MalpracticeLike other health care providers, paramedics and EMTs can be held responsible for their medical negligence. You can recover damages if you can establish a paramedic’s liability by proving it’s more likely than not: (1) the paramedic owed you a professional duty of care, (2) the paramedic’s conduct didn’t meet this duty, (3) the failure caused your injuries, and (4) actual damages. In most cases, we must hire an expert to provide opinions about what the professional duty was in your situation, how the paramedic departed from it, and whether this departure caused your injuries.
All paramedics owe a duty to act according to the accepted medical standards of reasonable paramedics in the same situation and same geographic location. In other words, a law firm needs to show that the defendant paramedic did not act as a reasonably prudent paramedic in Syracuse would have acted in the same situation and that this, rather than an underlying medical condition, caused injuries. For example, if the defendant failed to follow proper protocols like checking your spouse’s heartbeat and airway, and because of this missed a fatal obstruction, and your spouse died as a consequence, you may be able to recover damages.
Certificate of MeritUnder New York law, in these types of cases you must file a certificate of merit with the complaint. The certificate must attest that you consulted with at least one licensed doctor and determined, based on the consultation, that there was a reasonable basis to sue for medical malpractice. If you cannot comply with this consultation due to running up against the statute of limitations, you can get a short extension or file a certificate stating that you tried to consult in good faith with three different doctors.
DamagesIf we can show a paramedic is liable, we can obtain damages for paramedic malpractice on your behalf. In most cases, the damages are compensatory, meaning they put you back to where you would have been had there been no malpractice. Usually, both economic and noneconomic losses are recoverable. Economic losses may include out-of-pocket expenses, medical expenses, rehabilitation, physical therapy, lost wages, replacement services, and alterations to your home. For instance, if you are left paralyzed by a paramedic’s malpractice, you may no longer be able to clean your house or maintain the front yard, and you may need to seek the costs of replacing these past and future household services, in addition to your medical and rehabilitation expenses. Noneconomic losses may include mental anguish, lost earning capacity, pain and suffering, loss of consortium, and loss of enjoyment.
Consult a Lawyer in SyracuseWhen a first responder such as a paramedic or EMT provides unreasonable care to a patient at a critical juncture in their treatment, the results can be devastating or even fatal. If you were injured as the result of paramedic malpractice in Syracuse, you may be able to recover damages. At DeFrancisco & Falgiatano, our attorneys represent people in Rochester, Syracuse, and other Upstate New York cities. These cities include Lyons, Oneida, Cooperstown, Auburn, Binghamton, Canandaigua, Oswego, Wampsville, Ithaca, Watertown, Utica, Elmira, Herkimer, Utica, and Lowville. Call DeFrancisco & Falgiatano at 833-200-2000 or complete our online form.