Lawsuits related to EMS

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Permalink Reply by Paul Everson on June 7, 2009 at 11:35pm

I have been involved in a case that went all the way to the Minnesota Supreme Court. The best advise I can tell you is to tell the truth and only that. I assume you will have a lawyer present, if not the city or service should provide one. Before you answer any question give your lawyer a glance (he/she may not want to answer that) and only answer that question, do not elaborate or ramble on.

Before you go see if you can read the reports on the call to refresh you memory. Otherwise, if you do not remember state "I do not recall the details" Do not state something as fact if you do not remember it clearly.

Try not to worry about it. I do not know the details of your incident, but when people sue everybody and thier bother get dragged in. If you were working within the scope of your duties and training you will be fine. In my case the Supreme Court ruled I had "Offical Immunity" because I performed within my training.
Good Luck
Paul

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Permalink Reply by Jillian Risch on June 7, 2009 at 11:44pm

Thanks Paul. A couple of questions though, why would I have I lawyer present? I thought it was like me answering questions for the lawyers involved in the trial, why would my lawyer want to withhold information?

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Permalink Reply by Paul Everson on June 8, 2009 at 12:03am

It will not be your lawyer, it will be the citys lawyer sitting next to you. You do not have to hire your own. When you answer it is not withholding information, it is only giving them what they ask for.

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Permalink Reply by Fireyladd Chief Sharp on June 7, 2009 at 11:57pm

Hopefully you KEPT good notes. Be truthful and up front. You'll be fine.

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Permalink Reply by Station10Capt106 on June 8, 2009 at 10:32am

As mentioned above. Review the reports to refresh your memory. Only state things that you know as fact and only answer the questions that you are asked. Keep your answers as short and to the point as possible. Do not elaborate or expound on anything. Normally the less you say the better.

best of luck to you,
John

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Permalink Reply by Jennifer on June 8, 2009 at 8:13pm

Hi, Jillian.

I understand why you're freaking about about this. Pretty scary thing to have to give a deposition. It's something that can always happen, and does pretty frequently. I'm looking for more articles from JEMS and JEMS.com on the subject. The following two articles might help you out. One is the first-hand account of an EMS provider who was called to court about an incident. The second is the basics of documentation that will help you be prepared in case this ever happens again.

Embarrassment by Assessment
Good Documentation is a Basic Skill

Good luck!
Jennifer Berry
Senior Editor, JEMS and JEMS.com

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Permalink Reply by Cody W. Nelson on June 8, 2009 at 10:24pm

With the way the world is today, it's a miracle that this is the first time you have been through this. I have been training folks how to document on medical calls for this very reason. A good and properly written patient report will allow you to recall information quicker and more accurately. Good luck! I hope that everything goes well and they don't try to send you through the ringer.

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Permalink Reply by DUST on June 9, 2009 at 7:27am

Jillian,

Talk to your Capt. or the director for some advice of what to expect. Also very good articles above, thanks Jennifer.

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Permalink Reply by Art "ChiefReason" Goodrich on June 9, 2009 at 9:22am

Jillian:
I have been deposed numerous times.
Your city should have an attorney present. You do not have to hire an attorney, unless you did something wrong.
With regards to the deposition, only answer the questions asked. Do not speculate, elaborate or offer an opinion. Simply answer the question. No more and no less.
If you don't understand the question, ask for a clarification. Attorneys tend to frame questions to ellicit the answer that they are looking for. So, if the attorney confuses you, ask them to clarify it.
If this is a formal deposition, you will be asked to swear an oath and submit your answers under oath, so help you God.
Try not to be nervous. They are deposing everyone who will put the pieces to the puzzle together. It may seem like they are grilling you, but that is the nature of some attorneys.
But, without knowing the purpose of your testimony, it would be wise for the city to be represented. At the very least, your ambulance service should have an attorney there.
Again; answer the questions. Don't give them any more than that. If they ask you for your opinion, tell them you do not wish to speculate.
Art

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Permalink Reply by FETC on June 9, 2009 at 11:02am

Been to a few over the years. Question are you being called as a character witness or are you and your service being diposed for something you may have done wrong? This will drive whether you need to have lawyer present for your representation. Now if it is the second, then I suggest you have a lawyer of your own. In my case it is a union lawyer and costs me nothing, but the city will have a lawyer as well but in reality are looking out for their own assets.

Anyways, research the incident, re-read the run report, speak clear, truthful, and ONLY answer the question. Do not have EMT-testing style blabber mouth as they will be recording everything to be potentially used later in court proceedings.

If this is your first, this will be a prime example why we need to write extremely detailed reports. If it is not in writing, then it will most likely be called hear say if it will defend your position in anyway.

If you think they are looking for you to say something to further implicate your actions as wrong doing and you have good documentation, then keep going back to your run report as this is what we "did" and I don't recall anything else.

Best of luck
FETC

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Permalink Reply by Jennifer on June 9, 2009 at 3:08pm

Jillian,

Everyone here is offering you great advice. I hope it helps. Also, we found a few more JEMS Pro Bono articles that could help you -- and everyone else -- stay out of court or make the experience less nerve-wracking in the future.

Don’t Count on Immunity Laws

Honest is Always the Best Policy

Also, the June JEMS Pro Bono article, "Don’t Get Called Twice" might be of some help. We're working on posting it here in the next week or so.

Again, good luck!
Jennifer

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Permalink Reply by Jeremy Cheesman on June 10, 2009 at 1:43pm

Do You have your certs for what you performed on the call?

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