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What can be done to make EMT personnel responsible for medical

negligence/malfeasance after a vehicular (motorcycle)...
What can be done to make EMT personnel responsible for medical negligence/malfeasance after a vehicular (motorcycle) accident when the lack of care was due to racial and/or motorcycle prejudices in a rural Ohio county known for racist law enforcement? The prevailing opinion (legal) is that a fair trial is impossible in the county, not that the merits of the case are not compelling. Should this be a reason to abandon efforts to right a wrong and to prevent this substandard emergency care to continue? Why wouldn't an effort be made to move the proceedings from this county or to a district court? While monetary penalties get the attention, this is more about denial of standard of care emergency medical care.
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Answered in 6 minutes by:
1/2/2013
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,010
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am sorry to hear you are going through this. There is no such thing legally as "motorcycle prejudices." If you are alleging you were treated negligently based on your race, this is another story. In order to prove malpractice/negligence on the EMT, you would have to have a medical expert willing to testify that the EMT's conduct was not within the reasonable standard of care based on their experience and training. Only an expert can attest to this.

If you do not believe that you can get a fair trial in your county based on racial prejudice, then you would have to present evidence of that bias with a motion for change of venue to argue you cannot have the fair and impartial trial in that county based on your race.


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Customer reply replied 5 years ago

How do I go about getting an atty to get to the point where he/she will discuss the facts of the case and not tell me that EMS are not responsible for negligent care in Ohio in most cases? I can't get one to even look at the facts in this specific case. Any suggestions are welcomed and appreciated.

The EMS personnel are generally exempt under Ohio's good Samaritan law. The exception to this is if you can prove 1) they acted outside of the scope of their training, 2) if they performed their duties in a negligent manner and/or 3) if they treated you differently based solely on your race and did not provide you care within the reasonable standards of their training. This is why you would need a medical expert with EMS experience to review the care you received to attest in a court that the EMT's were negligent or outside of the scope of their training or racially motivated in their training.

Thus, the first step for you in getting an attorney to listen is to get this expert involved. Second, because you are in a small county, you need to consider looking for a malpractice attorney in one of the larger cities nearest to where this occurred, but not in the same county as you.
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,010
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 5 years ago

Where would I go to find a medical expert with EMS experience without having the legal expertise channels available?

You use the same sites used by attorneys who are looking for expert witnesses:

http://www.jurispro.com/category/medical-c-17/

http://www.seakexperts.com/specialties/emergency-medicine

http://www.erexperts.com/

Unfortunately, you will have to pay for your experts and they will not do this on credit or contingency.
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