The scenario: A Midwest courtroom — cold, impersonal. A jury box with 12 jurors and two alternates. A judge with a permanent scowl, court reporter, baliff, attorneys, family members and an EMT defendant.
The ‘facts': A rescue truck on an emergency response with red lights and siren active. A man in a pickup pulling away from a stop sign — across the path of the ambulance.
In dispute: The speed of the rescue truck, the appropriateness of the speed, whether the pickup driver stopped at the stop sign, and whether he should have anticipated the speed of the rescue vehicle. Also in dispute fault (negligence), 100 percent to either party or comparative/shared negligence.
Outcome: The pickup driver in a permanent vegetative state requiring a decade—long life—care plan. Estimated cost — $15 million dollars.
Judge: “Will the defendant rise. Madam Foreman, have you reached a verdict?” For a nervous moment every heart skipped a beat, time stood still and absolute silence enveloped the courtroom. The family of the plaintiff held hands.
Foreman: “We have your honor. We find in favor of the Plaintiff.”
It took a moment to set in — first the attorneys reacted. The plaintiff attorney let out a sigh and the attorney for the defendant stood rigid and straight showing no emotion. Next the family, seemingly at once wept openly and collectively— the multiyear ordeal finally over.
It took a moment longer to register with the EMT. He turned pale — the blood leaving his face. Confused was what he felt and how he looked. He too began to cry, his knees went suddenly weak and he sat down a moment before he collapsed.
Judge: “Madam Foreman, having found in favor of the Plaintiff have you determined damages?”
Foreman: “We have — we award to the plaintiff to include damages, pain and suffering, future medical care and punitive damages the amount of $25 million dollars.”
Recent EMS headlines regarding an ‘Ambulance Driver’ being ticketed after a fatal collision have created a bit of a buzz in the EMS chat sites. Many have weighed in with their opinions about whether she was right or wrong. I was not there and don’t know the facts and so I won’t judge this event.
However these discussions got me thinking back to the trial above — a real trial that took place several years ago. I have changed some of the circumstances but it is essentially factual — this really happened. Let’s examine some other factors in this case.
The EMT followed the department policy concerning speed. The departmental investigation concluded that the driver of the pickup failed to yield to an emergency vehicle with lights and siren active. No sanction was taken against the EMT. In fact, he was selected to participate in company paid paramedic training. To be sure he had many sleepless nights. Without doubt he felt horrible about being involved in such an event. He could never understand why the ‘other guy’ did not see him — did not hear him.
His attorneys needed him humble but confident on the stand. Never did they suggest it was his fault though they did say such things as, ‘you never know what a jury will do.’ His company sat with him through trial — supported him though trial. He felt bad to his very core. But he never thought he was at fault; never considered he was to blame. He followed policy and did what he has done for years.
Then suddenly three years after the event, after the nightmare images that continued to replay in his dreams, he heard the words of the jury — guilty. He heard the words of the jury — punitive damages. The jury wanted to punish him for his actions. And for the first time in his life he thought — he caused this. A fellow human would never again hold his grandchildren.
Reality: The department had an outdated policy and training program. There was a culture that response time and on—time performance was number one. This is a culture and belief that pervade many in EMS. When this one EMT was found to be guilt— he took the fall for all who teach speed over safety and response times over life. When the jury decided to punish him— in many ways it was an indictment and punishment of the industry.
Lessons: Look at your policy. Look at your training. Look at your message and communication. Consider there was a time many years ago when roads were a lot less congested and intersections were a lot easier to navigate. Consider too that there was a time that we were less litigious than we are today and perhaps a little more forgiving. There was a time we had barely risen from being funeral home run and operated. Today we are a profession— held in the eyes of many to professional standards.
Ask: Could your service withstand a multiyear, multimillion dollar scrutiny of your systems and design including policy, training and messages. When employees do as we ask — they deserve the support of the entire industry. Don’t make our mistakes their burden and their pain.
