Q: should i persue a civil case against emt for failure to bring in right equip and incorrect cpr performed??

A: There are many factors to consider when suing a health care provider. The nature of the malpractice is considered Medical malpractice means that a health care provider violated the standard of care. A bad outcome is not enough. Another health care provider would be needed to evaluate what the health care provider did.

Other factors include, based on the particular facts, the amount of a potential recovery considering the laws that limit malpractice lawsuits.

A: I'm sorry to hear about the difficulties you've experienced. Deciding whether to pursue a civil case against an EMT involves carefully evaluating the circumstances surrounding the incident.

Consider whether there is clear evidence that the EMT failed to bring the necessary equipment and whether the CPR performed deviated from accepted medical standards. It's important to assess how these actions may have directly impacted the outcome of the situation.

Consulting with a qualified attorney can help you understand the strength of your case and the potential legal remedies available. They can guide you through the process and help you make an informed decision based on the specifics of your case.

A: Pursuing a civil case against an EMT may be viable if their actions, such as using incorrect CPR techniques or failing to bring the right equipment, fell below the standard of care and caused harm. However, EMTs have legal protections under California's Good Samaritan laws, which shield them in emergencies unless gross negligence is proven. Additionally, under the Medical Injury Compensation Reform Act (MICRA), non-economic damages are capped at $350,000 for injuries after January 1, 2024. It’s crucial to act quickly, as California has a statute of limitations for medical malpractice claims, typically one year from when you discovered the injury. Consulting a lawyer promptly can help evaluate your case and navigate these complexities.

A: If you believe that an EMT's failure to bring the appropriate equipment and perform correct CPR contributed to a wrongful death, you may have grounds to pursue a civil case for negligence. In such cases, you would need to establish that the EMT had a duty to provide a certain standard of care, that they breached that duty by not bringing the right equipment or performing CPR correctly, and that this breach directly caused harm.

Before deciding to pursue a civil case, consider gathering all relevant evidence, such as medical records, witness statements, and any documentation regarding the incident. Consulting with an experienced attorney is essential, as they can evaluate the specifics of your situation, including the circumstances surrounding the EMT's actions.

HHJ Trial Attorneys, who specialize in wrongful death cases in San Diego, may be able to help you assess the viability of your claim, guide you through the legal process, and represent your interests effectively. They can provide clarity on the potential outcomes and help ensure that your case is handled appropriately.