Paramedics, who are generally the first on the scene of a medical emergency need to administer treatment that meets the applicable standard of care. Their ability to recognize symptoms, to make quick and accurate decisions whether to contact a physician for advice, whether to give medication or perform a procedure right then and there, and whether to move the patient immediately to a hospital, and even which hospital to choose, can literally make all the difference. This article analyzes a lawsuit involving a pregnant woman who called in from her home with complications from her pregnancy. When the paramedics arrived at the house the pregnant woman was already in shock from abrupt blood loss resulting from by a placental abruption. The paramedics did not realize the severity of the circumstance and took around eighteen minutes before transporting her to the hospital.

The claim alleged that the failure on the part of the paramedics to act right away resulted in a delay of at least 18 minutes. In the 18 minute delay prior to being taken to the hospital her baby was deprived of an appropriate supply of oxygen due to her blood loss from the placental abruption.. The newborn lived for merely one day after birth. The mother’s blood loss was so extreme that she needed further surgery to stop the bleeding and later temporarily lost kidney function. The mother retained a law firm to being a lawsuit for malpractice resulting in the death of her baby.

Every State has its own unique laws for medical malpractice and wrongful death lawsuits. Some States have laws which allow only the mother to go forward with a lawsuit for the death of her baby as a consequence malpractice. In the State where this case arose the legal requirements for a mother to pursue a claim for the emotional harm she experienced due to her baby’s death are as follow. First, that the mother suffered a physical injury. Second, that the injury was one that would normally not happen in a normal childbirth. And third, that the injury to the mother was caused by the same act of malpractice that resulted in the newborn’s death. Within 6 moths of the death of her newborn’s death the mother began suffering from a profound depression. Despite a treatment regimen consisting of therapy and medication, the mother was still combating the depression at the time of the law firm’s report. It is expected that she will have to remain on medication permanently. The mother met those requirements.|All 3 requisites were met in this matter.|With the injuries the mother herself sustained from the delay by the paramedics, she was able to pursue a lawsuit.

The mother was successful. The law firm that represented the mother reported that at the end of the trial the jury returned a verdict in her favor and awarded her $4,500,000. As this lawsuit illustrates, health care providers like paramedics are held responsible for giving care that is in keeping with the applicable standard of care. When they fail to do so they may be liable for malpractice.