In almost all cases, a person who is being transported via ambulance is in serious medical need. If they end up further injured due to negligence by the ambulance transport company, is there any legal recourse? Keep reading to get the answers and then contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation to get answers to any other questions you may have.
It Depends on Who the Ambulance Transport Company Was
IF the ambulance transport company was just that – a company designed to move patients from one place to another – then their duty of care will be considerably lower than if the ambulance was staffed with emergency medical technicians (EMTs) who have a lot more training and a much higher duty of care. That is one of the first questions your personal injury attorney will consider: What level of training and what duty of care did the injurer have?
It Depends on what the “Negligence” Consisted Of
Simply making a mistake is not negligence. Unfortunately, mistakes happen all the time and they sometimes cause serious injuries or even death. As a result, you must be able to prove not just that the mistake was made but that negligence occurred. This generally means proving that another person with the same training and duty of care would not have made the same mistake. This can be accomplished via the testimony of those who witnessed the accident, expert witnesses, and others.
There are other types of negligence, such as gross negligence. This involves a situation in which the person acting failed significantly below the required level of care that would be expected from another person in their position and with their level of care. For example, if a person was being transported in an ambulance and stopped breathing, if an attendant took no action and did not inform anyone, then they may be guilty of gross negligence.
Finally, there is what is known as “willful and wanton” conduct which is extremely difficult to prove. This requires that the injured party show that the person in charge of their care was able to provide care but decided not to do so. For example, if a caregiver chose not to give care to a person who was gay, then this would be willful and wanton. Again, this is very challenging to prove because it is difficult to prove a person’s intentions.
Do You Believe You Were Denied Proper Care?
If you have suffered damages or a loved one was injured or killed while in the care of an ambulance transport company then you may wish to contact a personal injury attorney. You can do so by contacting Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation. We are happy to answer your questions and help you determine if you have grounds for a case.
