Florida FD and County EMS Hit with Wrongful Death Suit
The Niceville Fire and Rescue Department along with Okaloosa County Emergency Medical Services have been sued for wrongful death by the estate of a man who died in 2010.
Vincent L. Donathan of Niceville, died on July 6, 2010 after emergency crews who responded to his house decided not to transport him. A police officer who was at the scene and observed the crew’s decisionmaking transported Donathan to the hospital in his cruiser, but apparently Donathan coded and died while enroute.
Besides Niceville Fire and Rescue and Okaloosa County Emergency Medical Services, the suit also names Niceville Fire Chief Tommy Mayville, along with Paramedic Caleb Eiriksson and EMT Peggy Marion of Okaloosa County Emergency Medical Services.
The facts seem a bit complicated, so here are some of the key allegations in the case [quoting from the complaint so I get them as accurate as possible]:
- That upon arrival at the decedent’s home; Defendants, Mayville, Eiriksson and Marion found Vincent L. Donathan sitting in his bed in his own feces and unable to respond or speak.
- Defendant, Marion, advised the City of Niceville Police Officer Joseph Boyles that Defendant Eiriksson wanted him to come inside of Vincent L. Donathan’s home to observe Defendant Eiriksson ‘s request as to whether or not decedent wanted to receive treatment or refuse treatment.
- At the time Police Officer Boyles entered the room, Defendant Eiriksson was asking decedent if he wanted to receive treatment or refuse treatment. Decedent at no time said yes or no.
- Next, Defendant Eiriksson grabbed his portable radio from his belt and advised his dispatch that he was getting a “partial refusal” and would be back in service shortly. Defendant Eiriksson instructed the decedent’s room mate John Mutchler, that he needed to sign the refusal for treatment since decedent could not sign it.
- Defendant Fire Chief Mayville who also observed the interaction between the decedent and Defendant Eiriksson informed decedent and his room mate John Mutchler, not to call unless it was a “real emergency”. The Niceville Fire and Rescue under the supervision of Defendant Fire Chief Mayville also failed to render aid or treatment of any kind after Defendant Eiriksson refused to treat decedent.
- After the lack of treatment given to the decedent by Defendants Eiriksson, Marion, and Mayville, Officer Joseph Boyles determined that the whole situation did not seem right considering the situation that the decedent was in so he contacted his supervisor and subsequently transported the decedent in his police car to Twin Cities Hospital, Niceville, Florida.
- Upon arrival at Twin Cities Hospital, Niceville, Florida, it was determined that decedent had coded in the back seat of Officer Boyles police car and the emergency personnel at Twin Cities Hospital began performing CPR and life saving measures.
- In addition to Defendant Mayville’s statements to the decedent and his room mate, Defendant Eiriksson informed the decedent and his room mate in a joking manner, that they would return if it was an emergency and obviously they would return “if he was dead.”
The suit alleges that defendants “Mayville, Eiriksson and Marion” were guilty of negligence, breach of a duty to render aid, and wilful and wanton disregard for human rights and safety. The suit also claims the Okaloosa County Emergency Medical Services and the Niceville Fire and Rescue Department were “negligent in their hiring, training, retention, and supervision of Defendants, Mayville, Eiriksson and Marion”.
Here is a copy of the complaint. Niceville Complaint
Quite incriminating statements, if I may say so!
What is a “Partial Refusal?”
Sounds like maybe Niceville isn’t so nice after all.
Folks – Please keep in mind these are allegations only… we do not know what actually happened… but the allegations are disturbing.
I am not sure what a “partial refusal” is. I have to wonder if the medic’s radio report may have been misunderstood. Perhaps he actually said he was getting a “patient refusal” and would be in service shortly. A “partial refusal” makes no sense – unless it has a local meaning.
Also – people do sometimes tend to spin the facts… but who knows.
It would appear that one is more likely to find oneself in court over a non-transported patient than a transported patient.
I would imagine that if statistics were pulled, the top three reasons for paramedics ending up in court would be 1) not transporting someone who needed transported; 2) not backboarding someone who needed backboarded; and 3) giving the wrong medication. Of course, these guesses are based on my own observations, which probably differ from yours. I’m curious what Chief Varone’s list would look like.
Curt, I understand that proving gross negligence when the patient signs a refusal, witnessed and documented may be difficult to prove-even if the patient dies later. This obviously is not coupled with lack of appropriate medical care and/or implied consent. That being said, the roommate signing? How can the roommate sign a refusal for someone incapable of signing for themselves. Did he have power of attorney? Does that matter?
jason
Good question. Yes, gross negligence is hard to prove – and keep in mind all we have are the plaintiff’s allegations about what happened. The truth is probaby not nearly as bad.
Having said that – if the medic got the roommate’s refusal AMA (as alleged) it would not constitute a refusal by the patient. In fact the very fact that the medic sought to obtain the roommate’s refusal in and of itself is an admission that the medic believed the patient lacked the capacity… not good.
Let’s hope there is another side to the story.