Sue over an injury

[Jeepluv77]

Yeah, that article seems apples and oranges to me. The OP stated that a man slipped on the icy steps, made it to the 2nd floor entrance, and collapsed. I'm sure if he wasn't dead he'd probably apologize for the injuries you incurred in preforming the duties of your chosen profession. I'm also sure he's very sorry for having a heart attack or whatever malady ultimately killed him and would take it back if he could so that you wouldn't get hurt. The article is on a drunk driver that killed his passenger and nearly cost the cop trying to help his dumb a$$ her life, and the ex-con that ran her down. Totally different. Sorry to be mean, but just the thought of suing the family of a deceased patient because you got hurt doing your job sickens me. And all I can say is think it through, because if I was one of those family members you wanted to sue I'd have you investigated so closely in relation to the death of my family member that it'd make your head spin. Sue your workman's comp. Sue your company. Hell, sue your school for not training you properly for scene safety. But leave the family out of it. EMS gets enough bad press as it is.

[CBEMT]

Yes, we have a job to do, yes, we will occasionally get hurt doing it despite our best efforts.

That said, most municipalities have ordinances requiring homeowners to keep their sidewalks clear of snow and ice to prevent this type of scenario. Ordinary citizens who slip and fall on ice on your steps could sue your homeowner's insurance for damages. My mother once slipped on a 4 inch square patch of ice at the front door to a Shaw's supermarket, went down face-first (my brother, 6 or so at the time, almost went down with her), and got a concussion. She could've owned the store had she been the litigious type, and the manager knew it. He was practically shaking as they filled out paperwork, and tried very hard to get mom to let him call 911 for her, despite her refusals (damn nurses, always thinking they know best ).

Why does the fact that we got hurt on the job and not on our own time relieve the homeowner from the responsibility they have to keep their property clear of ice?

[JPINFV]

^

Well, to be fair, it also matters how soon after the snow storm the call was. Yes there's a responsibility, but that responsibility generally kicks in after X hours from the stop of snow fall.

[HERBIE1]

We have a hazardous profession, filled with potential health risks as well as opportunities for injury. I agree that suing for injuries sustained in the line of duty is wrong, but I'll play devils advocate here. What if the injury was sustained due to negligence and the injured party has no other recourse? What if that provider's benefits aren't so great, if they were living paycheck to paycheck and became mired in debt as a result of the time off work? Workers comp only covers so much.

As distasteful as it may be, the person may have no other recourse but to sue. Your first priority is to your family and if that's what you need to do for them, then you do it.

[HarryM]

I wouldn't ever sue for an injury sustained through trying to help a patient. But we have a public health system so the injury itself wouldn't cost me anything. Different in US where someone actually needs to pay for the treatment costs and loss of wages. Would the firm you work for not pay for loss of wages and treatment seeing as it was a work related injury through no particular negligence of any party?

[Jeepluv77]

Good arguement Herbie, but I still say no. As an EMT you have a duty to look out for your own safety 1st. According to everything I've been taught, safety on scene is top and your own is your primary concern even before the pt. This was an accident that could have easily been prevented. You get a call for a pt that slipped on ice on the steps...take precautions as there is obviously ice on the steps. I know it's a difficult situation and it sucks. But that doesn't mean that the family of a deceased pt should have to shoulder the cost of an EMT's lack of proper precautions. How do we know this guy wasn't headed into the house to get something to melt the ice with when he collapsed. Now the family gets sued because this guy died too early? Maybe he should have waited a few more minutes to make sure the steps were clear first? He might have just come home from being out for a while and not know till just then when he slipped that he had ice on the steps. Just like a pt has to prove intentional negligence to sue a medical provider, shouldn't the medical provider have to do the same to sue the pt/pt estate? Or does it not work both ways?

Off topic a bit, but with all the different products to melt ice fast(think locks and windsheilds) why would rescue units not carry similar products at least during winter?

[JPINFV]

Off topic a bit, but with all the different products to melt ice fast(think locks and windsheilds) why would rescue units not carry similar products at least during winter?

...because the amount and time required for the exothermic chemicals to melt ice on walkways is too much to be used in emergency situations. It works, just not in an acceptable time frame. Also anything that can be scraped off and/or removed (i.e. snow) needs to be removed first.

[Happiness]

This is one of the reasons people in the State have such a hard time with helping out their neighbours. Everyone wants to sue someone, well not literally but you get my jiff.

Why on gods greed earth would you try to sue someone for your own error in judgement. If it is winter then always think there is going to be ice and deal with it. You probably went running into the scene without thinking to slow down because it is winter and there is ICE. Do your scene assessment and if you have to walk then walk. Once you see the oversized patient call for a lift assist from the fire department and before they show up ask a family member there to clear the steps for you.

We actually have little spiked slip ons for our boots and they do work but only if you take the time to put them on.

Im sorry you got hurt on this call but take your lumps and learn from your mistake and don't try to blame the patient or the family for it.