Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
The estate of a Philadelphia man has filed suit against the city claiming that when he called for EMS, medics merely knocked at his door and departed while he lay dying on the floor. Roberto Santiago Sr., died on April 24, 2024, after activating a medical device requesting EMS to respond to his home.
Santiago, 57, died of cardiac arrest. According to the suit filed in Philadelphia County Court of Common Pleas:
- On or about April 24, 2024, at approximately 2:30 am., Decedent was in medical distress while in his residence.
- As a result of being in distress, Decedent activated a medical device (MedScope America), which sent a notification to EMS that Decedent required emergency medical services to respond to his residence.
- Upon receiving the alert from Decedent, EMS responded to Decedent’s residence.
- Upon arrival at Decedent’s home address, a female resident of the second floor advised EMS that Decedent was home and directed EMS to the door of Decedent’s residence.
- EMS knocked on the door of Decedent’s residence to which there was no response because Decedent was incapacitated.
- EMS left without any attempt or effort to forcibly enter Decedent’s residence.
- As a result of the failure of EMS to gain access to the residence, Decedent ultimately died.
- Decedent’s demise was caused solely by the negligence and carelessness of Defendant, and was in no manner whatsoever due to any act of negligence on the part of Decedent.
The suit alleges negligence, wrongful death, and a survival action under 42 Pa. C.S.A. §8302. Here is a copy of the complaint:
