Philadelphia, PA asked in Health Care Law, Medical Malpractice and Wrongful Death for Ohio

Q: Do I have a lawsuit if EMTs used narcan on my brother even though he wasn't overdosing on opioids??

My brother died and the cause of death is undetermined... We have to death certificates one says narcan was used the other says it wasn't we have witnesses saying they saw EMTs use it on him.

1 Lawyer Answer
Joseph W. Stadnicar
Joseph W. Stadnicar
  • Estate Planning Lawyer
  • Beavercreek, OH
  • Licensed in Ohio

A: This response is general in nature and you should seek the counsel and advice of an experienced Ohio lawyer to review all the aspects of your case. Do not rely on this answer as it is based on limited information.

Ohio's Political Subdivision Tort Liability Act creates a significant hurdle in such cases. Typically, such first responders will be immune from traditional negligence based liability. If the Narcan was wrongfully administered, and it was the proximate cause of your brother's death, the conduct of the EMTs still must be proven to be "willful or wanton," rather than negligent.

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