By EMS1 Staff
REXBURG, Idaho — A family is suing a paramedic and the city of Rexburg for burning their newborn baby while she was under their medical care.
Michael and Jenise Porter filed a lawsuit claiming paramedic Troyce Miskin committed “gross negligence” while providing care to their newborn daughter.
According to court documents, two ambulances responded to the family’s home on Aug. 12, 2014. One team provided care to the mother and the other to the baby.
The infant showed signs of distress and was taken by ambulance to the hospital. She was wrapped in a foil wrap and blankets to retain heat; the infant sustained second-degree burns on her right leg and posterior, reported Local News 8.
“I have delivered many babies and the protocol is the same for each delivery. The heat packs are never applied to a baby’s skin and are always placed on the outside of the blankets,” Miskin said in a court affidavit.
The city argues that Miskin’s action were within the standard of care. Under state law, paramedics have immunity from lawsuits under these types of situations. However, the statutes do not offer immunity when an act of gross negligence is committed.
“We are confident that our paramedic Troyce Miskin did what was designed to save baby Londyn’s life,” Rexburg Mayor Jerry Merrill said. “An unfortunate accident occurred that caused the burn and we are sorry it happened.”
The mayor also noted that a different brand of heat packs was used on the infant, because their normal ones were on backorder.
In a memorandum decision, the court stated that it could not “conclude as a matter of law that the defendants are immune from liability from Londyn’s injury.”
A jury trial date is scheduled for Nov. 15.