Syracuse Personal Injury Law Blog
Emergency medical service (EMS) providers offer critical care to people suffering from acute health concerns. As with any medical care, however, people have the option of declining the treatment EMS providers offer. As discussed in a recent opinion issued in a New York medical malpractice case, if a person rejects an offer for such care, they are most likely precluded from pursuing medical malpractice claims against the providers on the grounds that they failed to provide them with adequate medical treatment. If you sustained harm because of the negligence of a medical professional, you have the right to seek compensation, and it is in your best interest to meet with a Syracuse medical malpractice lawyer to discuss what damages you may be owed.
Facts of the Case
It is reported that the plaintiff and his brother became involved in a physical altercation with a third party. Police responded to the scene of the altercation and, at some point, took the plaintiff down to the ground. EMS providers responded to the scene as well. The EMS providers cleared the plaintiff for transport, and he was taken to a police facility.
It is alleged that while he was there, he suffered a seizure. It was later determined that he had sustained a subdural hematoma, and he underwent an emergency craniotomy. The plaintiff filed a lawsuit against the city that employed the EMS providers setting forth claims that the providers committed medical malpractice and negligently treated the plaintiff. The EMS providers moved for summary judgment, but the court denied their motion. They then appealed.
Liability of EMS Providers
The court affirmed the trial court ruling on appeal. The court noted that the EMS providers based their motion for summary judgment on the assertion that the plaintiff refused medical treatment but explained that triable issues of fact as to whether that allegation was true precluded summary judgment. Specifically, the defendant’s own testimony indicated that such a refusal would have been included on the plaintiff’s medical records, but the records in question did not contain any such notification.
Similarly, the court found that factual disputes remained on the issue of whether the EMS providers properly performed the plaintiff’s medical evaluation, as the EMS providers testified that they did not recall conducting certain necessary assessments. Thus, the court denied the defendant’s appeal.
Meet with a Seasoned Syracuse Medical Malpractice Attorney
EMS providers, like all medical professionals, are bound by a standard of care, and if they breach that standard, they should be held accountable. If you were injured by the negligence of an EMS provider or other healthcare provider, it is wise to meet with an attorney to discuss what claims you may be able to pursue. The seasoned Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers take pride in helping people injured by medical negligence recover compensation for their losses, and if we represent you, we will help you fight for a just outcome. You can contact us by calling 833-200-2000 or by using our form online to set up a meeting.