Chapter 13 - EMS

 

RECENT CASES

Article 13-63  (Sept. 12, 2017)

Link:  OH - Patient Suicide In Hospital By Hanging - "Apology Statute" - Doctor's comments to family members excluded from jury

 

Article 13-62  (July 10, 2017)

Link: IL - Two Chicago Paramedics Responded Patient - In Shock From Peanut - Civil Jury Finds Them Not Liable

 

Article 13-61  (July 5, 2017)

Link: NY - FDNY Not Liable For Two EMT's Failure To Help Woman Difficulty Breathing - EMTs Having Lunch

 

Article 13-60  (March 3, 2017)

Link: TN - Combative patient - administered drug, intubation improper and dies - no qualified immunity

 

Article 13-59  (Jan. 20, 2017)

Link:  OH - Drug overdose - 911 callers immunity from prosection - similar laws throughout Nation  

 

Article 13-58  (Dec. 2, 2016)

Link: IL - HIPAA violation - $5.5 million - Health provider's laptops stolen -  2,000 patient's records

 

Article 13-57  (Nov. 15, 2016)

Link:  CT - AMR Corp. found liable by trial judge -  $722,290 - paramedics not observing IV not in vein - patient injured - Company appealing

 

Article 13-56 (Oct. 3, 2016)

Link: NJ - Hospital req. flu shots for all employees, unless religious objection - employee termination upheld

 

Article 13-55  (Sept. 13, 2016)

Link:  OH - Good Samaritan statute enacted for drug overdoses - those who call 911 will not be prosecuted for minor drug possession  [also filed, Chap. 18]

 

Article 13-54  (Aug. 31, 2016)

Link:  OH - New law enacted - emergency care of Cats and Dogs by emergency responders - qualified immunity

 

Article 13-53 (Feb. 11, 2016)

Link: OH - Woman undergoing MRI vomits - EMS do not provide oxygen for 15 min - patient dies, lawsuit to proceed

 

Article 13-52  (Jan. 22, 2016)

Link: IL - Woman calls 911 - difficulty breathing - EMS knock on door but no response - no forced entry, woman dies, lawsuit to proceed

 

Article 13-51 (Jan. 13, 2016)

Link:  OH - Pregnant, heavy bleeding - paramedics do not transport - private ambulance called - mother dies, lawsuit to proceed

 

Article 13-50 (Jan. 6, 2016) - also filed, Chap. 1

Link:  MI -  DNR - No qualified immunity for Deputy Sheriff who fired Taser into son, who upset with EMS for trying to resuscitate father

 

Article 13-49 (Dec. 23, 2015) - also filed, Chap. 1

Link: NV - Casino security officer failed to do CPR or use AED on heart attack victim;  $1.6 million verdict against Casino

 

Article 13-48  (Sept. 16, 2015)

Link: OH - Medical Doctor was "At Will" employee and was fired - her reporting HIPAA concerns not a public policy exception to "At Will" doctrine

 

Article 13-47  (Aug. 14, 2015)

Link: OH - Hosp. Admin. violated HIPAA by showijg wife's medical records to his lover - wife can't sue hospital

 

Article 13-46 (Aug. 21, 2015)

UC Fire Science holds 5th seminar on Community Paramedicine - Powerpoints Posted - Dallas FD expects $1.9 million in first year contracts with two hospitals

 

Article 13-45  (May 11, 2015)

Link:  GA - Dying declaration by victim of gun shots - tells PD and EMS that his co-worker shot him - admissible in murder trial

 

Article 13-44 (April 9, 2015)

Link: TN - Compative person given Succinylcholine by paramedics, and dies - EMA and PD not dismissed from lawsuit

 

Article 13-43  (Feb. 13, 2015)

Link: OH - City Budget Cuts - Ambulance Unstaffed - Cardiac Patient Dies - City & Medical Director Have Qualified Immunity

 

Article 13-42 (Jan. 27, 2015)

Link:  TX - Owner Private Ambulance Convicted Medicare Fraud - 82 Months In Prison - Ordered EMS To Falsify Reports

 

Article 13-41   (Dec. 8, 2014) - also filed, Chapter 1, American Legal System

Link:  OH - Good Samaritan not liable - tried to move truck that pinned driver's legs at load dock, and mistakenly put it in reverse - no willful or wanton misconduct

 

Article 13-40 (Sept. 30, 2014)

Link: OH - Newborn Turned Blue - BLS Crew Waited For ALS To Transport - Baby Died - Lawsuit Dismissed; May Have Been Negligence, But Not Willful, Wanton or Reckless

 

Article 13-39 (Sept. 30, 2014)

Link:  MA - Medical Director Suspends Paramedic - Federal Lawsuit Dismissed Since Doctor Is Not A "State Actor"

 

Article 13-38 (June 23, 2014)

Link:  CA - AEDs - Target Corporation Has No Obligation To Install AEDs In Its California Stores

 

Article 13-37 (April 1, 2014)

Link: NY - EMTs Failure To Help Victim Was Egregious - But No Liability For City Or EMTs - "Special Duty" Doctrine

 

Article 13-36 (Feb. 17, 2014)

Link:  IL - FF / Paramedic Denied Promotion To Lt. - Misconduct On EMS Runs

 

Article 13-35 (Jan. 27, 2014)

Link:  NY - HIPAA - Nurse At Clinic Tells Sister-In-Law Her Boyfriend Has STD

 

Article 13-34 (Jan. 3, 2014)

Link: DC - HIPAA - Prop. New Regs - Mental Health Providers Can Inform FBI Background Check System About Persons Danger To Themselves Or Others

 

Article 13-33 (Oct. 31, 2013)

Link: TX - Private Ambulance Company Owner Convicted By Jury Of Health Care Fraud

 

Article 13-32 (Oct. 3, 2013)

Link: OH - Medical records of inmates not shredded; Ohio tort of "Unauthorized Disclosure of Confidential Medical Records" - failed to prove intentional act

 

Article 13-31 (Sept. 30, 2013)

Link: IL - EMS Lead Instructor license revoked - unapproved protocols taught at EMS conference - no corrective action

 

Article 13-30  (Sept. 23, 2013)

Link:  OH - Dying Declaration Admissible In Evidence - Murder Case

 

Article 13-29 (July 12, 2013)

Link:  OH - Naloxone (Narcan) pilot project starts in Lorain County, Nov. 1, 2013;  bill introduced for use statewide by EMS and family members

 

Article 13-28 (July 9, 2013)

Link:  OIG - Advisory Opinion - Can Bill Non-Residents Only

 

Article 13-27 (July 2, 2013)

Link:  WY - Roll Over MVA - EMS Properly Used C-Collar - Hospital Liable For Medical Malpractice When Released Patient With Broken Neck

 

Article 13-26 (June 20, 2013)

Link: WA - Seattle paramedic has no First Amend. right to send survey letters to co-workers about FD morale

 

Article 13-25 (June 20, 2013)

Link:  IL - EMS driver of ambulance has qualified immunity - even for MVA on transport without lights and siren

 

Article 13-24 (March 21, 2013)

Link: OH - State Supreme Court Holds City Of Akron Does Not Have Immunity

 

Article 13-23 (Feb. 21, 2013)

Link:  OR - Patient Sexually Abused By Paramedic - Large Jury Verdict

 

Article 13-22 (Feb. 6, 2013)

Link: FL - AEDs Must Be In High School - But No Req. Be Used On Student

 

Article 13-21 (Jan. 14, 2013)

Link:  MI - 911 Call Drug Overdose - Police Protective Sweep Of House

 

Article 13-20 (Jan. 9, 2013)

Link:  NY - EMS Did Not Take Patient To Trauma Center

 

Article 13-19 (Jan. 7, 2013)

Link: CA - Police Did Not Follow EMS Recommendation On C-Spine Immoblization

 

Article 13-18  (Dec. 20, 2012)

Link:  IN - NO VIOLATION EMTALA

 

Article 13-17 (Dec. 11, 2012)

Link: WA - AMR NOT LIABLE, NEGLIGENT RETENTION CLAIM PROPERLY DISMISSED

 

Article 13-16 (Nov. 29, 2012)

Link:  OH - VIOLENT PRISONER, HANDCUFFS DID NOT NEED TO BE REMOVED DURING CPR

 

Article 13-15 (Nov. 28, 2012)

Link: GA - AMBULANCE STRUCK BY MOTORIST, COUNTY NOT LIABLE

 

Article 13-14  (Nov. 26, 2012)

Link: PA - PATIENT ALLEGEDLY DROPPED ON HEAD, NO VIOLATION CONSTITUTIONAL RIGHTS

 

Article 13-13  (Nov. 21, 2012)

Link:  KY - DRUNK DRIVER CONVICTED MURDER, EMS TESTIMONY

 

Article 13-12  (Nov. 14, 2012)

Link:  LA - FIRE CHIEF DIED LACK OF OXYGEN, WIFE'S INTENTIONAL TORT SUIT DISMISSED

 

Article 13-11  (Nov. 2, 2012)

Link:  TX - OWNERS PRIVATE AMBULANCE CONVICTED HEALTH CARE FRAUD

 

Article 13-10 (Oct. 15, 2012)

Link:  GA - FEMALE EMT FIRED AFTER AFFAIR - CASE MAY GO TO JURY

 

Article 13-9  (Oct. 1, 2012)

Link: TX:  HEART ATTACK ON INTERNATIONAL FLIGHT TO HOUSTON - AIRLINE NOT LIABLE

 

Article 13-8 (Sept. 17, 2012)

Link:  MA:  HIPAA - PERSONAL LAPTOP STOLEN - $1.5 MILLION TO HHS

 

Article 13-7  (Sept. 25, 2012)

Link:  NEW JERSEY:  PUBLIC RECORDS REQUEST - SUICIDE ATTEMPT

 

Article 13-6 (March 2012)

Link:  ILLINOIS:  EMS ARE NOT COVERED BY IMMUNITY STATUTE WHEN IN MVA - TRANSPORTING PATIENT IN NON-EMERGENCY TRANSPORT

Article 13-5 (Jan. 2012)

Link: OHIO: ET TUBE MISPLACEMENT - PATIENT DIED - COLUMBUS PARAMEDICS PROPERLY DISMISSED FROM LAWSUIT

Article 13-4 (Dec. 2011)

Link:  OHIO:  EMS HAVE QUALIFIED IMMUNITY - PATIENT REFUSES TREATMENT AFTER SMOKING CIGARETTE WITH PCP -  WHEN EMS LEAVE HE JUMPS OFF BALCONY (May 5, 2011)

Article 13-3 (Oct. 2011)

Link:   MOCK TRIAL - IMPROVED EMS RUN REPORTS (see also video of Mock Trial at Cincinnati FD:  http://aerospace.ceas.uc.edu/FireScience - CONTINUING EDUCATION).

Article 13-2 (Sept. 2011)

Link: OHIO: AMBULANCE STAFFING - NEW STATUTE

Article 13-1 (June 2011)

Link:  OHIO:  MEDICAL PROVIDER'S EXPRESSON OF SYMPATHY IS NOT ADMISSIBLE

 

NEWSLETTER IS NOT PROVIDING LEGAL ADVICE;

Posted by UC solely as information and for the benefit of students.

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