Can I make a Medical Malpractice case against the EMT’s and Paramedics that didn’t perform the correct treatment?

UPDATED: Sep 30, 2022

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Can I make a Medical Malpractice case against the EMT’s and Paramedics that didn’t perform the correct treatment?

About 3 weeks ago I was having a severe allergic reaction and had to dial 911. The paramedic and EMT’s that showed up did not show compassion and acted as if the call wasn’t important. I was obviously having a severe allergic reaction and they told me I was having an asthma attack. If I was having an asthma attack, I would not be calling them at 5am. They kept questioning me as to why I didn’t take my inhaler and kept telling me that I was just having an asthma attack and there was no need for an EPI-Pen. Once in the ambulance, they treated me with oxygen and a nebulizer. After arriving at the hospital, the doctors and nurses yelled at them for not giving me an EPI-Pen as my throat was closing and you could hear the stryder in my gasps for air as I tried to breathe, without needing a stethoscope. If I didn’t get the shot of epinephrine in the hospital when I did I wouldn’t be alive.

Asked on April 10, 2017 under Malpractice Law, Pennsylvania


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Medical malpractice is negligence.
You would have a claim against the employer of the paramedic and EMTs.
Prior to filing a lawsuit for negligence against that employer, it may be possible to settle the case with the employer's insurance carrier.  Your claim filed with the employer's insurance carrier should include your medical bills, medical reports and if applicable, documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports will document the nature and extent of your ailment and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the insurance carrier of the employer of the paramedic and EMTs, NO lawsuit is filed.
If you are dissatisfied with settlement offers from that insurance carrier, reject the settlement offers and file a lawsuit for negligence against the employer, the paramedic and EMTs.
If the case is NOT settled, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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