Abandonment: the duty to continue management of a patient until such responsibility is transferred to another medical professional possessing an equal or higher level of skill.
The following terminology is not intended to be all inclusive
Breach of duty: Failure to provide care.
Causation: That a breach of duty which the plaintiff complains of, was the actual cause of the injury.
Damages: The actual injury or suffered by the plaintive. This term is also used by attorneys to describe the amount a plaintive is seeking.
Defendant: The person against whom the plaintiff’s lawsuit is filed.
Duty to act: The legal responsibility to provide care.
Good Samaritan laws: Statues providing immunity to certain groups of individuals, depending on the specific language of the statute:
Michigan’s good Samaritan law:
IN THE STATE OF MICHIGAN "LAY INDIVIDUAL" (CIVILLIAN) IS COVERED UNDER THE GOOD SAMARTIAN ACT AGAINST LAW SUITS WHEN RENDERING APPROPRIATE CPR. CIVILLIAN'S ARE NOW PROTECTED IN THE USE OF (AED'S) AUTOMATIC DEFIBRILLATORS. AS DEFINED IN THE STATE OF MICHIGAN LEGISLATION. A "LAY INDIVIDUAL" (Civilian) IS COVERED UNDER THE GOOD SAMARTIAN ACT AGAINST LAW SUITS WHEN RENDERING APPROPRIATE CPR.
Plaintiff: The party initiating the legal action.
Malpractice: A term of often used to describe the laws of negligence as it applies to professionals. There are no significant differences between ordinary negligence cases and those where Malpractice is alleged.
Negligence: Failure to exercise reasonable in ordinary caution in respect to others the little negligence is a modern term to describe hotels of torts.
Liability: A determination at the conclusion of the legal process, that person has been negligent, and then negligence coast injury to another person and the negligent person must compensate the injured person for injury or loss.
Liability insurance: A policy of insurance which may be purchased a perfect legal defense service and indemnification against judgments or settlements.
Proximate cause: Reasonable cause and effect relationship between the complainants -complaint in the damages sustained.
Assault: is defined as to threaten with our, unlawfully placing a person in apprehension of immediately badly harm without his or her consent.
Battery: is defined as the unlawful touching another person without his or her consent.
Statute of Limitations
Statue of Limitations: The time, within which the legal action must be commenced, the statute of limitation for negligence is three years and normally starts to run from the time of the negligent conduct.
In malpractice the statute of limitation is two years.
However the statue of limitations my not start to run until discovery that of a negligent act or conduct.
November 2007 Des Moines, Iowa, An emergency medical technician has been fired for allegedly driving an ambulance while intoxicated. Paul Engman, who worked for Midwest Ambulance Service of Iowa, is accused of arriving at work two hours early on June 22, smelling of alcohol and attempting to set up an intravenous fluid transfusion on himself, according to state records. He was fired the same day.
When questioned later by police, Engman allegedly said he set up the transfusion to eliminate some of the alcohol in his system, then changed his mind and decided not to follow through with the plan.
Security officers allegedly summoned the police after they saw Engman driving around the lot in an ambulance. Engman was cited for public intoxication, a misdemeanor offense.
Court records indicate the charge against Engman was dismissed pursuant to a plea agreement with Polk County prosecutors. As part of that agreement, Engman pleaded guilty to a charge of speeding or failure to stop and was fined $20.
At a recent hearing dealing with Engman's request for unemployment benefits, Engman testified that he didn't believe he was drunk when he arrived at work. Asked how much alcohol he had consumed, he said had "no idea" but had stopped drinking a few hours before reporting for work.
"I started probably at 10 p.m., and I finished drinking at midnight or 1 a.m.," he testified.
Emergency Medical Techinican Pleads in Operating an Ambulance Intoxicated.
Des Moines, Iowa-An emergency medical technician has been fired for allegedly driving an ambulance while intoxicated. Paul Engman, who worked for Midwest Ambulance Service of Iowa, is accused of arriving at work two hours early on June 22, smelling of alcohol and attempting to set up an intravenous fluid transfusion on himself, according to state records. He was fired the same day.
When questioned later by police, Engman allegedly said he set up the transfusion to eliminate some of the alcohol in his system, then changed his mind and decided not to follow through with the plan.
Security officers allegedly summoned the police after they saw Engman driving around the lot in an ambulance. Engman was cited for public intoxication, a misdemeanor offense.
Court records indicate the charge against Engman was dismissed pursuant to a plea agreement with Polk County prosecutors. As part of that agreement, Engman pleaded guilty to a charge of speeding or failure to stop and was fined $20.
At a recent hearing dealing with Engman's request for unemployment benefits, Engman testified that he didn't believe he was drunk when he arrived at work. Asked how much alcohol he had consumed, he said had "no idea" but had stopped drinking a few hours before reporting for work.
"I started probably at 10 p.m., and I finished drinking at midnight or 1 a.m.," he testified.
San Mateo California, March 26, 2008 – An April 2008 trial date has been set for a Civil Litigation case where Louis Del Barba vs. American Medical Response, Inc., in Superior
Court, for the County of Alameda. Del Barba is seeking damages resulting when an AMR ambulance driven by the defendant, struck a vehicle driven by Mr. Del Barba.
According to police accident reports and subsequent investigation, Police claim that the Medic who was operating the ambulance owned and Operated by AMR and was purportedly traveling approximately 70 miles an hour in a posted 35 mile an hour zone, during rush hour traffic.
Police investigators state that Mr. Del Barba who had the right of way when Del Barba,
entered the intersection of Rose Avenue and Main Street. It was at this intersection that the Ambulance and Del Barba Vehicle impacted. The collision according to the suit caused catastrophic injuries to Mr. Del Barba, which resulted in injuries and left Del Barba a quadriplegic and suffered permanent brain damage. The Police investigation
revealed that Del Barba was wearing both a shoulder and lap belt and at the time of the Accident.
The suit further alleges that American Medical Response, Inc, which is a nationally owned and operated company, and in addition owns and operates thousands of school buses. The suit further alleges American Medical Response, Inc has a history of being involved in many other serious accidents. Additionally the Plaintiff alleges that AMR employees are poorly-trained in emergency driving and allows its crews, all allows it personnel to frequently exceed speed limits despite traffic conditions and State Laws and regulations pertaining to emergency response which further endangers all drivers.
Mr. Del Barba attorney Mr. Terry O’Reilly claims that the ambulance was in excess of the legally allowed speed in the course of an emergency response allowed. . O’Reilly states that American Medical Response guidelines state that its ambulances can go 10 to 15 miles an hour over the speed limit but Vehicle Code regulations clearly state that an operator of an ambulance has the duty of due care to ensure it does not cause an accident in the course of an emergency response to a scene or over the course of a transport.
Mr. Del Barba attorney Mr. Terry O’Reilly further alleges that the operator of the Ambulance “launched the ambulance into a blind intersection without the slightest care for anyone who might be in it."
Witnesses to the accident claim that the ambulance was driving so fast that no one in the
intersection saw or heard any warning until the ambulance collided with the vehicle driven by Mr. Del Barba vehicle.
The Plaintiff’s Attorney O’Reilly is seeking in excess of $20,000,000 to care for Del Barba over Del Barba’s predicted remaining life span. The case of Louis Del Barba vs. American Medical Response, Inc., in Superior Court, for the County of Alameda, under the civil case number of “HG07352258,” trial date has been set for April of 2008, as a pretrial settlement offer was rejected by the plaintiff.
Updates regarding this case will be posted on this site page.
Trial Date Set for Victim Struck by An AMR Ambulance
