Burnett & Williams

When is an EMT Responsible for Wrongful Death in Virginia?

When is an EMT Responsible for Wrongful Death in Virginia?

Navigating the aftermath of an accident involving emergency medical services (EMS) can be overwhelming, especially when it leads to questions of medical malpractice or wrongful death. Understanding when you can hold an EMT accountable is crucial. At Burnett & Williams, we specialize in dissecting these complex cases, ensuring that your rights are upheld and you receive the justice you deserve.

The Complexities of EMT Liability

Scope of Employment: EMTs, whether working for a private ambulance service or a public health agency, are responsible for providing high levels of care. However, their liability in wrongful death cases hinges on whether the negligence occurred during their “scope of employment”. This test includes whether the actions that caused harm were part of the duties they were employed to perform.

Vicarious Liability: Often, the employer (whether an ambulance company or a healthcare provider) might also be held liable under the legal doctrine of “vicarious liability“. This doctrine holds employers responsible for the actions of their employees, provided those actions occur while they perform their duties.

Public vs. Private EMTs: The rules differ slightly for public and private EMTs. If a public EMT’s negligence causes harm, claimants file according to specific procedures that apply to government employees, typically involving shorter timelines for action. On the other hand, private EMTs are treated more like traditional employees under the law, and the private companies they work for may carry insurance that provides for more significant compensation potential.

Real Stories, Real People

Cole B., a client of Burnett & Williams, experienced first-hand the commitment and expertise of our team following a distressing incident involving emergency services.

Very pleased with their service. Jon Slater, along with his team, is second to none. They kept me informed during the entire process. Very knowledgeable and will do what is in your best interest.

Cole B.

Our clients often note that our approach removes the stress of navigating complex legal waters, making the process as smooth and understandable as possible.

The Importance of Expert Legal Guidance

Medical malpractice involving EMS requires a nuanced understanding of medical and legal landscapes.

The right legal team can make a critical difference. At Burnett & Williams, we delve deeply into each case’s specifics, consulting medical experts and rigorously preparing for the possibility of trial.

Legal Help for Victims and Families: If you believe that an EMT’s negligence has resulted in a wrongful death or severe injury, it is imperative to seek experienced legal help. The right lawyer can guide you through securing comprehensive evidence, identifying responsible parties, and navigating the complex legal procedures necessary to secure just compensation.

Prehospital Medicine and Emergency Services: The role of EMTs extends beyond immediate medical responses and involves a duty of care from the moment they arrive on the scene to the handoff at the hospital.

Understanding these dynamics is crucial when building a wrongful death case.

Seeking Justice with Burnett & Williams

If you or a loved head has suffered from EMT negligence, contact Burnett & Williams today. Our deep experience in personal injury and wrongful death cases across Virginia makes us prepared to advocate vigorously on your behalf. For a free consultation to explore your options, contact our team. We are here to ensure you do not have to navigate this challenging time alone.