EMS

In this special edition of Fire Law VLOG, Brad and Curt discuss with Attorney Kevin Fairlie the challenges of fire departments and EMS agencies when it comes to EMS billing. Many fire and EMS organizations are being audited and investigated for Medicare fraud. There are solutions as Brad and Kevin suggest.

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The Michigan Court of Appeals has ruled that governmental immunity does not protect a municipal fire department from liability for gross negligence in an EMS related wrongful death suit. The case was brought by the family of Patrick Antonio Clemons-Hodges, against the City of Detroit and two EMTs.

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The Skiatook Fire Department is being sued by the estate of a man who died in 2021 after not being transported to the hospital. James Lee Bodley passed away sometime between January 18, 2021 when he first called for medical aid, and January 20, 2021 when his family discovered his body.

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A dispatcher for Greene County, PA is facing manslaughter charges for not promptly dispatching EMS to a request for medical aid in 2020. Leon Price faces one count of involuntary manslaughter, reckless endangerment, official oppression and obstruction in the death of Diania Kronk.

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The Fourth US Circuit Court of Appeals has upheld the dismissal of a lawsuit brought by a Virginia firefighter who claimed the department discriminated against him on account of his race. Micheall Lyons claims the Alexandria Fire Department intentionally discriminated against him by delaying his assignment to a paramedic internship position.

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The State of Oklahoma has amended the statutes governing the delivery of emergency medical services to allow the transport of patients on emergency vehicles that are not ambulances when approved by medical control. The law is a direct response to a case out of the Oklahoma City Fire Department that resulted in discipline to a company officer for transporting a child on an engine in 2020

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The Appellate Division of the New York Supreme Court has upheld the dismissal of a lawsuit filed against FDNY by a man who was injured when he jumped from a moving EMS unit. Yaugeni Kralkin, 54, filed suit in 2017 claiming that EMS personnel did not do enough to restrain him June, 2016 when he was being transported to the hospital.

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A lawsuit filed by the guardian of a woman who suffered catastrophic injuries in a car wreck last year, claims the Los Angeles County Fire Department and others in charge of the scene are responsible for her injuries. Stephanie Allen was injured in January, 2021 in an unincorporated area of Los Angeles County.

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The daughter of a man who died last November, is seeking $100 million in damages against the Rialto Fire Department claiming medics wrongfully refused to enter a medical facility due to concerns over COVID. Joseph Angulo, 56, died on November 17, 2021.

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A lawsuit filed against two Cicero Fire Department paramedics and a retired lieutenant for taking and sharing a photo of a victim who was shot at a Black Lives Matter protest in 2020, has been dismissed. The suit was brought by the family of Victor Cazares, who was shot and killed while trying to protect a local grocery store from rioters on June 1, 2020.

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A firefighter-paramedic with the Dothan Fire Department has been charged in connection with the theft of 42 vials of fentanyl from the department’s inventory. Jesse R. Taylor was arrested by Dothan police and charged with trafficking fentanyl and theft.

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A US District Court has adopted a magistrate's recommendation that state law claims brought against a South Carolina paramedic in a ketamine-related wrongful death suit, continue. The suit was filed by the estate of James Claude Britt, Jr., who died on October 30, 2019, several weeks after the September 30, 2019 incident in Charleston County.

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The daughter of a woman who died after hitting her head while be transferred on a sheet by Honolulu Fire Department and EMS personnel, has filed suit alleging their negligence caused her great emotional upset. Paulia Gilbert filed suit in Hawaii’s First Circuit Court.

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An Atlanta Fire Captain who was suspended for fifteen days over patient care issues, has filed suit claiming her discipline and the city’s failure to promote her to an EMS supervisor’s position was retaliation for a gender discrimination complaint she filed. Captain Andrea Nicholle Brock filed suit in US District Court alleging gender discrimination, sexual harassment, and retaliation.

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