No Defense for No Patient Found
Download MP3In this episode, Samantha and Nick examine a wrongful death lawsuit stemming from a non-transport decision—a case that highlights how quickly routine calls can turn into high-stakes legal events. The discussion centers on the death of a 26-year-old man with type 1 diabetes and a seizure disorder who requested transport, was left at home, and was later found deceased. Using the language of the actual court complaint, the episode explores the legal concept of public trust in EMS and what happens when that trust is alleged to be broken.
From a leadership and risk-management perspective, the episode dissects the duty to assess, document, and transport—or properly refuse. The hosts examine how documentation choices (“canceled – no patient found”), failure to contact medical control, and leaving a high-risk patient alone can dramatically shift the legal narrative. Particular attention is given to supervisory actions after the call, including how complaint handling, recorded phone conversations, and well-intentioned but poorly worded statements can unintentionally strengthen a plaintiff’s case.
The conversation also breaks down the legal mechanics of the lawsuit itself, including wrongful death, survivorship, and loss of consortium claims, as well as why a seemingly multimillion-dollar case may settle for far less. Throughout the episode, the emphasis remains on defensible decision-making, understanding administrative and civil liability exposure, and how EMS professionals can protect both patients and their licenses by aligning clinical judgment with documentation and protocol.
Key takeaways
- Non-transport decisions carry legal weight: Refusing or discouraging transport in high-risk patients invites scrutiny.
- Documentation is your primary defense: “Canceled – no patient found” is nearly indefensible when patient contact occurred.
- Duty to assess does not end at the door: Seizure risk, diabetes, and being left alone matter legally and clinically.
- Medical control can help: Early physician involvement can shift responsibility and improve outcomes.
- Supervisors must handle complaints carefully: Poorly phrased responses can become admissions of fault.
- Assume you are being recorded: Phone calls, body cams, and bystanders can all end up in evidence.
- Do the right thing and write it down: Defensible care starts with sound clinical judgment and ends with accurate documentation.
