When discussing EMS liability, most people immediately think of medical malpractice issues such as spinal injuries, intubation, drugs, and all of the other really bad things that could affect the patient as a result of medical errors.  A recent study indicated something quite different however.  The study which was hosted by ESIP provided results which will not surprise those in the EMS community.

Lawsuits against EMS providers including commercial, volunteer, and municipal providers were found to be as follows: 

51% Vehicle Related (Emergency Vehicle collision or movement)
28% Patient Handling (Tips, drops, movement or falls)
9% Medical Management (Airway mgmnt., procedural, drug reaction, improper assessment)
5% Response or Transport Error (Navigational, improper or no transport, delayed response)
4% Equipment Problems (Lack of or malfunction)
3% Other (Assault, improper staffing, incorrect or inappropriate paperwork)

The study also noted the major causes for each of these areas include:

Vehicle accidents:

• Inappropriate use of lights and sirens
• Excessive speed
• Lack of adequate driver training
• Poor vehicle maintenance

Patient Handling:

• Improper selection and use of equipment
• Improper balance/strength of crews
• Improper evaluation of physical hazards
• Improper maintenance of equipment
• Equipment failure/malfunctions

Medical Management:

• Poor airway management
• Improper assessment (Spinal or fracture immobilization)
• Failure to follow protocol

Response Transport:

• Navigational (Got lost)
• Failure to transport
• Transport to improper facility

Equipment:

• Lack of equipment
• Failure of equipment

Each and every one of these is preventable with proper training and/or maintenance. 

Management of EMS providers must be certain that all drivers have good driving histories, that they are fit to drive, and are properly trained.  Vehicles must be maintained in accordance with manufacturer’s standards.  They must also be certain that crews understand the limitations of patient handling equipment and that such equipment is inspected regularly.  In addition they must see that all providers are properly trained and certified and fully understand protocols and response areas.

Reducing EMS liability is a difficult job, but knowing where problems are encountered is a good start to finding the means to reduce exposure.  For further information on the results of this important survey please contact us at btricarico@mcneilandcompany.com  or contact our Regional Agent, Faye Rice, at Mountain Valley Insurance.  Her email address is: frice@mviweb.com. 

For more information contact ESIP Regional Agent Faye Rice at 888-332-3205 or frice@mviweb.com.

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