Lawsuit Accuses Paramedics Of Giving Patient Wrong Drug, Causing Heart Attack
A local municipality is being sued after a woman was allegedly given the wrong medication in the back of an ambulance, causing her heart attack. According to the lawsuit, the woman was at the theater when she tripped and struck her head, causing a closed head injury. While in the back of the ambulance, the woman complained of feeling nauseous and on the verge of passing out. The woman requested an anti-nausea medication, but the EMT loaded the syringe with epinephrine and adrenaline. He then handed the syringe to a second EMT who delivered it without checking. The woman suffered an immediate heart attack as a result of the tincture.
The woman continues to suffer symptoms after her heartbeat was restored. Further, she was found to have high levels of troponin in her blood. Troponin is a protein that is present when the heart sustains damage. She continues to have episodes of chest pain, shortness of breath, and ankle edema.
Analyzing the lawsuit
Yeah, it’s tough to lose a case like this. However, as an attorney, you don’t win by scoring a settlement. You win by scoring a settlement that fairly compensates your client for all their damages. In today’s economy, that equals a lot of money. Companies are often unwilling to pay beyond a certain amount. So, they fight the allegations using whatever means possible. What means are available to a company in this case?
For the company, it becomes nearly impossible to defend the EMT from the accusation of negligence. The EMT filled the syringe with the wrong medication, and it caused a heart attack. Period. So, the negligence falls on the EMT, the company that employed them, and anyone else involved with hiring the company.
Meanwhile, the defense wins by reducing the settlement award as much as it can. The defense knows that the negligence allegations are strong. However, they can still argue that the injury was not solely caused by the EMTs and the woman’s heart was weakened by years of cocaine use. You can be sure that if the company catches wind of anything that would help prove the injury was not solely their liability, they will use it to defend this case.
Lawsuits without negligence defenses can still be defended
In cases where the question of negligence has already been settled, as in a lawsuit like the one above, the defense will move to limit damages as much as they can. This could mean contesting the extent of a patient’s injuries, alleging that the injuries were caused by their own negligence, or that the injury pre-existed the injury. Ultimately, for those filing personal injury lawsuits, these defenses fail more often than they succeed. But they run up the cost of trying the case, and they leverage defendants who are strapped for cash into quick settlements.
Talk to a Miami Personal Injury Lawyer Today
The Miami personal injury lawyers at the office of Alan Goldfarb, P.A. represent the interests of those who have been injured by negligent companies and citizens. Call today to schedule a free consultation and we can begin discussing your allegations immediately.