Jay Trucks & Associates, P. C.

Nov 21, 2019

A Michigan Court of Appeals panel recently ruled in favor of an accident victim’s surviving loved ones in a case in which a man who was injured while being taken from his assisted living facility on a stretcher to an ambulance located outside the facility. The man ultimately died from his injuries.

The case of In Estate of Ralph Brown v. Wolan and Vescio involved ambulance workers who were dispatched in 2015 to transport the late victim to Botsford Hospital. The victim was a paraplegic from a previous injury and needed to go to the hospital due to blood in his urine. A stretcher on wheels was used to move the patient from the facility to the ambulance. While moving the stretcher, one worker used one of his hands to pull the stretcher and the other hand to carry a bag of medical supplies.

During this time, another worker remained inside the facility to complete paperwork. While the stretcher was being pulled, one of its wheels went off a walkway and onto grass, which was set about two inches lower. At this point, the other worker came out to assist in getting the stretcher upright. This tipping incident was not documented because neither worker believed any injuries resulted.

Subsequent MRI and CT scans, however, revealed fractures in the patient’s cervical and thoracic vertebrae. The patient was admitted to the hospital as a result and he remained there until he died from his injuries.

EMTs can Make Mistakes

Emergency medical technicians (EMTs) have a difficult job. Some of the most critical care that a person receives in the time after an injury or health crisis is provided by those first responders. Unfortunately, EMTs sometimes make mistakes when treating people on scene. In these situations, it might be necessary to pursue a medical malpractice lawsuit to obtain compensation.

Victims of errors committed by EMTs must establish that the party providing care was negligent. To establish medical negligence, a victim must show a breach of a duty of care by the medical professionals. The standard of care in Michigan is defined as the generally accepted practices and procedures that would have been used by medical professionals to treat patients in a similar condition.

If a patient is injured by an EMT’s mistake, it can be difficult to determine against whom to file a lawsuit. In many cases, a 911 service is owned by the government, while the ambulance service is a private organization. This means a patient can initiate legal action against the EMT as an individual as well as the ambulance company, hospital, county, or a combination of these.

Speak with a Michigan Lawyer

We trust that medical professionals will perform to the best of their abilities, which makes injuries received in the course of medical care all the more tragic. If you need the assistance of an experienced medical malpractice lawyer in Flint, do not hesitate to contact Jay Trucks and Associates, PC today.

Free Consultation. Ph: (800) 762-8623.