Sue over an injury

[djmedic]

I'm not sure if this belongs under this category or not but here goes.

I am curious about the possibility of suing a patient or patient's estate when we get injured on their property do to ice or snow or obstructions. Or if we get injured having to lift these BIG patients.

Here is my quick scenario (I'm sure others have their own):

I was sent on a call for trauma code. The house has small wooden stairs leading into the 2nd floor. The patient slipped and fell on these steps, got him self into the entrance on the 2nd floor and collapsed. well, as I entered the premises, I too, slipped on those very icy stairs injuring my knee. I have since returned to full duty but being out on comp did not cover the bills. 60% of my pay falls very short.

Another scenario is you have lift a very large patient with just you and your partner and you end up with a career ending back injury.

Do we as providers have any legal way to collect these lost wages?

and how would HIPPA impact these actions?

I know that there are ethical and moral issues tacked on as well.

Thank you for your time and consideration of this question.

-DJ

And if anyone is curious, I did work the code, even though I was injured and by the time we got to the hospital we had pulses back, but not spontaneous respirations. He held out until the next day.

[Chief1C]

If you collected comp, and then sue their estate, the insurance company that paid your medical bills on comp... will collect what they paid, out of your settlement.

[TDP]

In America,you can sue if someone spills hot coffee on you in Mcdonalds. So I would think your case would seem legitimate. Call a lawyer for advice,it's usually free. It's probably in your best interest to take pictures,and seek medical advice and get EVERYTHING documented pertaining to injury,or injuries that may occur in later years of your life. Remember whatever you tell the doctor hurts,he writes it down in turn your lawyer has this in your pursuit for personal injury/litigation.

Cheers,best of luck.

[VentMedic]

You might be asked if you have any training for assessing scene safety or if you knew the job posed any physicial risks. Your own physical shape might be called into question as to whether you were physically fit to do the job at the time of your accident. And, are you going to blame the patient for the weather? The patient may have been on the stairs attempting to clear them when he started to collapse. It is too bad the patient coded before he got the stairs cleared for your arrival.

If everyone in EMS or healthcare sued the patient for their injuries acquired on the job, the court systems would be quite busy. Patients would also be afraid to call 911 in fear of being sued by the people who are supposed to be there to help.

There was a case like this in Florida a couple of years ago that did not turn out too well for the provider. Think very carefully and also consider what consequences this might have with your present employer. If anything, I would allow your employer's insurance to battle it out with the person's homeowner's insurance if there is truly an issue of negligence on the property owner's part.

Edited May 12, 2009 by VentMedic

[TDP]

You might be asked if you have any training for assessing scene safety or if you knew the job posed any physicial risks. Your own physical shape might be called into question as to whether you were physically fit to do the job at the time of your accident. And, are you going to blame the patient for the weather? The patient may have been on the stairs attempting to clear them when he started to collapse. It is too bad the patient coded before he got the stairs cleared for your arrival.

If everyone in EMS or healthcare sued the patient for their injuries acquired on the job, the court systems would be quite busy. Patients would also be afraid to call 911 in fear of being sued by the people who are supposed to be there to help.

There was a case like this in Florida a couple of years ago that did not turn out too well for the provider. Think very carefully and also consider what consequences this might have with your present employer. If anything, I would allow your employer's insurance to battle it out with the person's homeowner's insurance if there is truly an issue of negligence on the property owner's part.

I would agree with this to a certain extent. If an injury was possibly so detrimental that the EMT,or EMT-P could not work in EMS,or had to switch careers because of the injury,or damage the injury may have caused is that really right? If an EMS crew responds to a house call,gets there and sustains an injury because there is ice on the front steps and someone wipes out who's fault is it really? Someone maybe forgot the ice melt. Sometimes shit just happens. I would think ultimately the safety of the crew,is the responsibility of the crew. But cases are taken on as individual basis.

[DwayneEMTP]

Just curious...

Why would you think to sue the patient instead of workman's comp, the entity responsible for your care and rehab?

If you are called to pull a person from car accident wreckage after they have been hit by a drunk driver and you slice your head on a piece of hagged metal and become septic secondary to the wound, do you sue the family because you had to perform the job you've signed on for?

Should you find a prehospital medical position that allows you to lift only thin people in wide hallways with no inclement weather I'll pay you good money for information of getting hired at that service...Let me know man, many here will tell you I'm good it..

Dwayne

[JPINFV]

Should you find a prehospital medical position that allows you to lift only thin people in wide hallways with no inclement weather I'll pay you good money for information of getting hired at that service...Let me know man, many here will tell you I'm good it..

Dwayne

Most interfacility jobs in So Cal. Very few heavy patients (they're there, but SNFs aren't exactly known for their massive portions at meal time) and there's almost never rain and never any snow.

I'll take cash, check, or money order.

[AnthonyM83]

I guess you probably could sue . . . If I was them or family, I would probably counter sue you, though... unless there's details you're not telling us.

Seems like the classic BS suit that everyone always complains and wonders who would sue for something like that...but turns out to be you.

Again, if you give some details, it might be different, but why would you sue them?

Sue your company for not having adequate lift resources or your workman's comp for not covering you well enough...not someone who was in an emergency and called 911...

Review what VentMedic and Dwayne said...

[Just Plain Ruff]

Suing someone while doing the duties of your job, Preposterous.

We go in knowing that our job is dangerous, and to sue because of that is bad form.

I guess if you as a firefighter get burned at a fire that was caused by lightning or faulty wiring you can sue either the lightning strike or the homeowner.

Ice on stairs? bah humbug, I'm sure it was cold out and it is incumbent on you to evaluate the scene.

[Chief1C]

We keep a bag of large "grain" rock salt, basically for traction, in the ambulance. Foot traction, that is. HIPAA... BTW.

Edited May 13, 2009 by 4cmk6