Kentucky Mom Claims EMT Unnecessarily Cut Daughter’s Clothing Away
A Kentucky ambulance company and two EMTs are being sued by a mother who claims her teenage daughter was the victim of sexual misconduct during a transport last December.
The girl, identified only as Jane Doe, suffered a head injury while playing basketball at Elliott County High School on December 2, 2013. She was transported by the Elliott County Ambulance Service after experiencing symptoms of a concussion.
According to the suit, EMT Casey G. Berry, 31, unnecessarily cut and removed the girls clothing “without medical necessity and to satisfy his prurient interest.” The girl was left in “a state of almost complete undress, including the complete removal of her top.”
EMT Nicholas Porter is accused of driving the vehicle to Our Lady of Bellefonte Hospital taking a “lengthy and circuitous” route that allowed Berry additional time with the girl. An assistant coach from the girl’s team “was forced to ride in the front of the vehicle despite asking to be in the back.”
Berry is now facing two criminal charges over the incident, third-degree criminal mischief and second-degree official misconduct. A trial is scheduled for August 1, 2014.
The civil suit was filed in Greenup Circuit Court by Attorney John Vincent alleging assault, invasion of privacy, and intentional infliction of emotional distress against Berry and Porter; and negligent hiring by the Elliott County Ambulance Service.
UPDATE: 6/13/14 – Given the interest that this case sparked I contacted attorney John Vincent and he graciously agreed to an interview. Click here.
Its actually very very common not to allow other ppl to ride in the back with the patient (unless its a small child) my source: 23 years on an ambulance. That fact is meaningless. ….
Was it really a “lengthy and circuitous” route? That flies in the face of patient care.
EMTs have no way of properly diagnosing a concussion; for all they knew
she could have had a neurosurgical injury. That certainly would warrant a
3 lead cardiac monitor. What’s more, since this was a trauma case, a
survey was necessary to determine that there were no other injuries –
especially since she wasn’t mentally there so she couldn’t tell them
herself.
Not to mention that it’s pretty much protocol to not allow anyone but EMT’s in the back of the ambulance, so they can have room to work in the case of an emergency. Once in a while, they’ll let a single family member ride with them, but if it’s a trauma call, they need room to work and react.
John – if you ever find yourself in that situation with a 15 year old female who is already minimally clothed to begin with (basketball uniform) I would strongly urge you to (1) have a partner or independent third party (preferably female) with you when you do it; and (2) make sure you do it in a way that respects the patients privacy to the greatest extent possible. Even then I am not sure it is advisable. Apparently the prosecutor agrees as the EMT is facing criminal charges.
The EMT was doing as he was trained to do, not taking the tender sensibilities of the socially active into mind when attempting to diagnose what happened to this girl. He’s an EMERGENCY Medical Technician, and he’s supposed to diagnose what the problem is and get her to capable hands. Diagnosing a person who can’t respond accurately involves a few different tests to run, as you can’t just leave out checking the chest and abdomen just because someone might get offended that you did your best to save their child’s life.
Did this EMT grope this girl, or take pictures, or make inappropriate comments about her body to his co-workers while he was doing his job? Not that I’ve heard, so I don’t see the problem with him performing his job as he has been trained to do.
Sounds like you either have some inside knowledge – or else you are making some pretty remarkable assumptions about what he needed to do to diagnose a concussion. Cutting the bra off a 15 year old girl??? Seriously??? I’ve been doing this for 41 years… plus National Ski Patrol for 35. Give me a break.
You want to BS some civilian – have at it. Don’t try it here.
He will have his day in court. Actually he will have 2 days in court: one where he faces going to jail the other for civil liability. If the facts are as you suggest – he will undoubtedly win. I wouldn’t bet on it.
Incidentally – it was the ER doc who reported the matter. He was outraged than an EMT would do such a thing. I would think an ER doc would know a thing or two about what an EMT should or should not be doing diagnostically in the field.
Mike – this is a blog – Its not where you can expect to find every possible detail about every about every single case. What you are asking is the info that will have to become evidence in the case. I will see what I can do about getting some info but let’s be reasonable.
Barbara – I agree 100%.
Folks
Attorney John Vincent who represents Jane Doe in the suit – was gracious enough to agree to do a podcast with me. I believe it answers most of the questions previously asked:
https://lawblog.mystagingwebsite.com/2014/06/14/fire-law-podcast-episode-2-kentucky-ambulance-sued-sexual-misconduct/
The crime of voyeurism does not require physical contact. I understand she was covered when she arrived at the ER – but that will not likely help the EMT.
Depending on injuries clothing do get removed as uncortmable as it . The clothing removal goes from none to little to all most naked to completely naked . Going by the EMT /medic age he did was suppose be done , most of them don’t want to look at her or interested in there just doing there job . It not what she like or don’t like it her safety at a least he had the respect to do it in the ambulance with the mom not in public .
Also head injury turn in to spine injuries also I don’t think that right he didn’t let them ride with her