Q: Paramedics refused to take me to the hospital - can I sue them? They misdiagnosed a heart condition.
A: Hard to say. If you had another way to get to the hospital you should have gone. On the other hand, if they led you to believe that you didn't need to go and you relied on that, there could be liability. But you will have to meet several prongs to have a case, first you have to prove not just that they made a mistake, but that the mistake is the type that someone else with their training is not likely to make, that they were negligence as compared to another professional with the same training. Also you have to prove that you suffered an injury that could have been prevented if the negligent act had not happened. Finally you have to prove that you either relied on them in your subsequent choice of action (not going to the hospital). Also, it is my experience that paramedics will call a local ER doctor and ask for their instructions as to whether to transport or not transport a patient, so it may not be the paramedics who made the decision. All you can do at this point is gather all your medical records and go and talk to an attorney who does medical malpractice and see if you have a case.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
