EMS

Court Grants Protective Order in FDNY EMS Case

The mother of an infant who died while in state custody, has been granted a protective order against FDNY and other medical providers, mandating them to preserve documentation related to the incident. However, the court declined to grant the mother access to the medical information prior to her filing suit.

NY Court Rules Medic Entitled to Jury Trial Over Discipline

In a landmark decision, the New York Supreme Court for Schoharie County has concluded that the New York Department of Health cannot discipline a paramedic through an administrative hearing process, because the Seventh Amendment grants the accused the right to a jury trial. That, in a nutshell, is the holding that our firefighter-attorney colleague, Brad Pinsky, was able to secure.

DCFEMS Sued Over Failure to Provide Deaf Interpreter

A deaf man has filed suit against the District of Columbia Fire and Emergency Medical Services and two DC area hospitals for violating his rights under the Patient Protection and Affordable Care Act and the Rehabilitation Act of 1973. Ryan Barrett filed suit today in US District Court for the District of Columbia.

Court Dismisses Wrongful Death Suit Against Annapolis Firefighters

The US District Court for the District of Maryland has dismissed a civil rights and wrongful death suit brought against the city of Annapolis and four Annapolis firefighters over the death of a man in 2021. Renardo Green, 51 died on June 1, 2021 after a struggle with police and firefighters.

Suit Accuses Michigan Police and Fire Departments of Wrongful Death

The wife of a man who died of an overdose in 2022 has filed suit against the city of Inkster, claiming police and firefighters failed to render appropriate aid to her husband. Kimani Wesley filed suit in Wayne County Circuit Court alleging civil rights violations, wrongful death, and gross negligence.

Philadelphia Facing Wrongful Death Suit

The estate of a Philadelphia man has filed suit against the city claiming that when he called for EMS, medics merely knocked at his door and departed while he lay dying on the floor. Roberto Santiago Sr., died on April 24, 2024, after activating a medical device requesting EMS to respond to his home.

Wrongful Death Claims Against Colorado Springs Medic Dismissed

The US District Court for the District of Colorado has dismissed the claims against a Colorado Springs Fire Department paramedic who was accused of wrongful death and violating the civil rights of a man who died after being restrained. Kevin Dizmang died on Nov. 15, 2022 after a failed mental health intervention by the Colorado Springs PD Crisis Response Unit

Court Approves $950k Settlement of COVID-Related Wrongful Death Suit

A wrongful death suit brought against a Pennsylvania fire department and several EMS providers has been settled for $950,000. Tamika Jones died in 2021 after experiencing severe difficulty breathing, and being advised not to go to the hospital over COVID-related concerns.

Iowa Medic Facing Manslaughter Charges

A medic formerly with the Sioux City Fire and Rescue is facing manslaughter charges following the death of a patient. Deanna LaMere, 46, is charged with a single count of involuntary manslaughter in the death of James Foster Jr., 26.

San Diego Firefighters Claim City Violated the Firefighters Procedural Bill of Rights

San Diego Firefighters IAFF Local 145 has filed suit against the city claiming that the city’s refusal to provide details about allegations that led to a disciplinary investigation, violate the state’s Firefighter Procedural Bill of Rights. The case is complicated because it involves an EMS incident, pitting HIPAA concerns against the FPBOR.

California Firefighters Not Liable in RAMA case

The California Court of Appeals has upheld a trial court ruling concluding that the City of Petaluma and two of its firefighter-paramedics cannot be held liable for the medical injuries of a patient who repeatedly decline medical aid. Marites Murphy filed suit after she suffered a stroke following a car crash.

Court Holds FDNY Not Liable in EMS Dispatch and Transport Case

The Appellate Division of the New York Supreme Court has ruled as a matter of law, that FDNY cannot be held liable for their initial decision to dispatch a basic life support ambulance as opposed to paramedics to an incident scene, or the later decision of EMTs to await the arrival of paramedics rather than transport a patient immediately to the hospital.

NYS Paramedic Facing Disciplinary Charges from State, Asserts Right to a Jury Trial

A New York State paramedic who is facing revocation of his EMT/Paramedic license from the New York State Department of Health has filed a suit in state court seeking to block the state’s ability to impose discipline without a jury trial. Justin Ball filed suit yesterday in Schoharie County Supreme Court naming the NY State Department of Health and the NY State Attorney General as defendants.

Aurora Firefighter-Medic Convicted in Ketamine-Related Death Released from Prison

An Aurora firefighter-paramedic who was convicted of assault and negligent homicide in the death Elijah McClain, has been freed after the trial judge agreed to reduce his sentence. Peter Cichuniec, 51, had been incarcerated in the Sterling Correctional Facility, serving a five-year prison sentence.

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