Navigating medical malpractice cases can be complicated, especially when it involves first responders such as emergency medical technicians (EMTs). It is important to understand the appropriate legal recourse when an EMT has caused injury or negligence, as individuals may have the right to seek justice in such cases. In this blog post, we will look at when and how you can sue an EMT for medical malpractice.
An Overview of EMTs & Their Responsibilities
Emergency medical technicians (EMTs) and paramedics are the people who respond to emergency calls that require medical services. At the scene, they will perform any needed medical care, stabilize the patient, and transport patients to medical facilities. EMTs must be licensed to practice and must adhere to other state-specific requirements. Other basic responsibilities that EMTs must perform include:
- Operating and maintaining ambulances and other medical vehicles
- Providing emergency medical care to assist in medical emergencies
- Administering oral glucose, oxygen, and activated charcoal
- Reassuring patients and bystanders
- Having an understanding of basic medical principles
- Operating within the scope of state and local medical and legal requirements
- Lifting patients while on the stretcher
- Keeping a patient stable while being transported to a medical facility
- Ensuring the ambulance is in working order and is stocked with needed medical tools and equipment
- Restocking the ambulance as needed
- Avoiding mishandling patients or their care
Legal Definition of Medical Malpractice
Medical malpractice occurs when a medical professional acts recklessly or negligently and causes injury to a patient. Acts of medical malpractice may include (but are not limited to):
- Failure to diagnose
- Improper or subpar treatment
- Delayed diagnosis
- Medication errors
- Aesthetic mistakes
- Birth injuries
- Surgical errors
- Defective medical devices
In New Mexico, a person has three years from the date of the malpractice incident to file a claim. Thus, the sooner you contact an experienced attorney, the better.
When Are EMTs Liable for Medical Malpractice?
If an EMT acts negligently and causes you injury, you can pursue compensation in a medical malpractice claim. You will need to prove that:
- They owed you a duty of care, which EMT do owe those they treat a duty of care.
- They acted negligently or in a way that others would not have in similar circumstances.
- Their negligence led to your harm and further injury.
- You suffered damages.
What Steps Should Be Taken in Order to Prove an EMT Was Negligent?
To establish liability, it is important to gather as much evidence as possible and consult with a qualified medical malpractice attorney. Evidence in a malpractice suit can include:
- Medical records
- Witness testimonies
- Expert opinions
- Statement from the New Mexico medical review commission (see New Mexico Statutes § 41-5-15)
- Lab reports
- Discharge papers
- Doctors’ and nurses’ notes
- Evidence of your physical injuries
- Record of damages
Get Legal Help
At Michael Doyle, Attorney at Law, our attorney has decades of legal experience and is committed to helping victims of medical malpractice pursue the compensation they need and deserve. If you or a loved one have suffered injuries due to the negligence of an EMT, our firm can discuss whether you have a case and what your next steps should be. We work on a contingency fee basis, which means you don’t pay us unless we win your case.
To schedule a free initial consultation, call (505) 219-2176 or reach out to our firm online today. We are here and prepared to help you!