WHEN AN AMBULANCE ARRIVES TOO LATE

After a Pennsylvania man died at home while waiting for an ambulance, his family sued the ambulance providers for negligence. The man suffered a heart attack, and his family promptly called 911. The emergency dispatcher radioed a volunteer ambulance and a hospital critical care ambulance and relayed the accurate directions. The crew of the volunteer ambulance company then mistakenly communicated inaccurate directions to the hospital ambulance. By the time the ambulances arrived almost 30 minutes later, the man had died.

Most volunteer ambulance companies are considered local "agencies" and share the same immunity from lawsuits that most governmental agencies enjoy. Certain limited exceptions permit lawsuits against governmental entities and agencies for example, where the negligent use of a motor vehicle is at issue.

In this case, the Pennsylvania Supreme Court refused to extend the motor vehicle exception to the misguided driving efforts of the ambulances. Finding that the motor vehicle exception to agency/governmental immunity must be read very narrowly, the court upheld the governmental immunity of the volunteer ambulance company.

However, the hospital ambulance was not entitled to agency/governmental immunity since it was owned by a private corporate hospital. The hospital nevertheless sought to avoid liability under the Pennsylvania Emergency Medical Services Act (EMSA). EMSA provides that emergency medical technicians, paramedics, health care professionals, and certain supervised students are immune from lawsuits for the services they provide in connection with emergencies and rescues. The court ruled that the hospital was not entitled to protection from EMSA because the Act only provides individuals with immunity, not corporations, organizations, or institutions.

Where a hospital operates an ambulance, it certainly is not held to strict liability, nor is it responsible for inevitable or accidental deaths. However, where a hospital accepts a dispatch request for an ambulance, it is expected to be familiar with the area, responsive to the directions provided, and capable of arrival within a reasonable time. In most circumstances, volunteer ambulance corps and their volunteers cannot be sued, nor can hospital employees who qualify for immunity under EMSA. But a hospital or commercial rescue company can be sued for its negligence.