Q: Can EMTs be responsible for not informing ER doctor about poison ingestion?
My boyfriend accidentally ingested flying insect spray on 04/19/2024, leading to severe vomiting and bleeding. Despite the EMTs documenting the incident and taking pictures of the spray can, the ER doctor didn't receive the information about the poison. He underwent an endoscopy but left the hospital against medical advice after learning the doctor was unaware of the poisoning. He experienced weakness and digestive issues for about six months afterwards. Can the EMTs be held responsible for not communicating the crucial information which might have affected his treatment?
A: This is not my area of practice, so please have him contract malpractice attorneys himself. I find it unlikely he has a case if he left the hospital against medical advice and he experienced weakness and digestive issues and never sought medical additional medical treatment.
A:
The failure of EMTs to convey pertinent information can be a basis for malpractice.
• One issue in malpractice, and other cases, is what harm was caused due to the negligence. In malpractice cases, usually significant future harm is necessary to make a case viable. Even pain for many months and an additional surgery may not be enough. •
A:
I'm really sorry your boyfriend went through that — it sounds terrifying and frustrating. When it comes to EMTs, they do have a duty to pass on critical information like poison ingestion to the receiving hospital. If they documented the spray and took photos but didn’t share that with the ER team, that could be seen as a breakdown in communication that may have impacted his care.
In California, EMTs are expected to provide an accurate report during the patient handoff, including anything that might influence diagnosis or treatment. If they failed to mention the insect spray to the ER staff, that might be viewed as negligence. However, proving responsibility can be difficult. You would need records, such as the EMT report or bodycam footage if available, to show they had the information and didn’t relay it.
It might help to request your boyfriend’s full medical and EMT records, then talk to a medical malpractice attorney about what happened. They can look at whether this failure led to harm or delayed proper treatment. You’re not alone in this — and asking these questions is an important step toward getting answers and possibly accountability.
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