Empowering Nurses at the Bedside and in Business

Criminal Matters Against EMTs

 

There have been two different notable criminal matters against EMTs.

The first involved Elijah McClain of Colorado, a massage therapist who apparently was in the wrong place at the wrong time.  Police noticed he was listening to music on his headphones and thought he appeared suspicious and stopped him and used a control technique, kind of like a carotid hold that restricts blood flow to the brain rendering him unconscious.  Spock did just that in STAR TREK IV to end a punk’s boombox blasting music on a bus. Since this incident, the technique has been banned.

Two paramedics showed up, one of whom gave Mr. McClain a powerful sedative called ketamine.  Though he weighed about 140 pounds, the dosage administered was for a man weighing 160 pounds.  By the time they arrived at the hospital, he was in cardiac arrest, and they were unable to resuscitate him.

Police officer’s body cam footage showed what happened after which a grand jury indicted the three officers and the two paramedics with a subsequent trial yielding “guilty” verdicts for the entire quintet.

The paramedics were subsequently found guilty of criminally negligent homicide and third-degree assault.  Their sentencing will be March 1, 2024.  EMT Jeremy Cooper could get 6 years in prison and fellow EMT Peter Cichuniec could get 16 years in prison.

Additionally, Mr. McClain’s family sued the city for violation of his civil rights, to which the city settled for $15 million, the largest such award in Colorado history.

From Illinois comes another case where 911 was called about a man acting confused and disoriented. He was an alcoholic who had no libations for the previous four days. 

Upon arrival, the EMTs did not take steps to perform a clinical assessment or take vital signs while yelling and swearing, at one time saying, “I am seriously not in the mood for this dumb shit.”  The patient was slammed and strapped prone onto the cot and by the time they arrived at the hospital, he was no longer breathing, and resuscitation efforts failed.  Death was attributed to positional asphyxia.

The EMTs were charged with first degree murder which will be difficult to prove because it requires intention. Their trial has not happened yet.

I am not a fan of any health care provider being criminally charged, especially when they are acting within the course and scope of their job, yet here are EMTs shown on body cam footage speaking rudely and swearing at the patient.  This alone is not criminal but looks really bad.  Body cam footage does not lie.  We will see what happens in that trial.

 

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