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EMS lawsuit..what do you think


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Must have been 1 hell of an abrasion, was it a possible patella fx..............how much m/s was given 2.5mg increments, not probably recorded and charted, (malpractice). She verbally refused 3rd dose morphine (battery) removal of undergarments against pts wish's (assault).

In the US everybody sues everybody and for a crapload of money which is silly, but sorry guys and gals I think there goose's are cooked and the attending medic is guilty.

We need cameras in the back or take a female medic or police officer with you in this cases, I request female support where these difficult situations arise.CYA

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Her story doesn't completely add up to me either. The whole idea of stripping a trauma patient is a standard protocol, but most people do maintain the decency of allowing for some privacy. I have seen other providers bring in a patient that is completely nude however. This whole thing seems to have gone pretty far for someone with a knee abrasion, and no other documented injury. My biggest thing that I'd like to know (that I think would prove or disprove a lot) is that if she was given a third dose and it wasn't reported, what kind of narcotic paperwork was done to account for the missing drug? I know when I turn in my narcotics after using I have to document how much of the med I gave, what is left in the vial along with the patients information and a copy of the run form from the call. It would be pretty difficult to get past all of that paperwork without putting some thought and deliberate effort into it. I'm not saying that it didn't happen, or some variation of the events. But I don't know as though it's worth what she's after. If that's the case, than you'll find a lot less personnel stripping trauma patients for fear of litigation.

Shane

NREMT-P

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I read this thread before I joined (yeah, I lurked), so here's my chance to reply.

If everything went down as she said, I understand the suit against the guy who teched the call, and whatever happens to hiom, he deserves it.

That said, I do NOT agree with suing the guy's partner.

18. Defendant Smith then, in one fast motion and while keeping his gaze directly into the plaintiff’s eyes, removed plaintiff’s outer jacket, tank-top, and sport’s bra, then completely covered her with a blanket.

Isn't it obvious? He looked her in the eye so that she would KNOW he wasn't checking out her chest! He did what he needed to do to assess the patient, and made it blatenly obvious that he was not doing it for the thrills.

19. Defendant Smith did not remove or even touch plaintiff’s pants.

So what's the problem?

38. Defendant Smith failed to monitor the actions of Davis,

I'm almost sure that if I'm on the gurney, I want the driver to be DRIVING, not watching what's going on in the back!

Arg!

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On the run report you always read it before you sign it!!!!!!!!!!!!!!!! you have a right not to sign it if you don't agree in the actions of care your partner provided, cause if you do you are liable with your partners actions and agreed with everything he/she did. If I didn't see the disrobing i would have stated pt was fully dressed in undergarmet when left with partner in back, did not witness removal of clothing of pt. With the morphine I have a RN witness and sign on my PCR of amount discarded.Again, CYA if your pt has a problem with it boo frigging who It is your tag/licence on the line and only proper documentation will save your ass in the end.

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Along with several questions is this: I don't know exactly how Tenn. does it, but we have to check in, out and document ALL controlled drugs. So if he gave her two doses of say 2mg of morphine, and there is exactly 4mg missing from the stock, that would say something. Just like it would say something if more than documented ax dose is missing. Beyond that, I would agree that this is alot of he said she said, and that the pt. is just money grubbing. 1.5 million dollars? Come on. Though if the bra and underwear was really cut off and the pt. fully exposed, then there should definately be an accounting. Just like scrat rat said, unless there is a specific injury that requires it, cutting off nick-nacks is uncalled for. If it happened. And morphine? For THOSE injuries? Definately something (well aright everything) is missing from this whole thing.

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Purely incidental note: I believe that typically a third of the award goes to the lawyer, judges and juries commonly award less than the plaintiff sues for, many cases are negotiated and settled out of court, Appeals Courts knock down awards, and I don't know about tax implications, so the 1.5M is not what she expects to recover. The principle is to shoot for the moon if your destination is Boston. And the splashier the case, the better the package for book and movie rights.

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