A WRONGFUL DEATH LAWSUIT AGAINST PARAMEDICS ALLOWED TO PROCEED
On October 2, 2008, the Illinois Supreme Court ruled that a mother whose fifteen-year-old son died of a drug overdose can pursue a wrongful death lawsuit alleging wilful and wanton misconduct by paramedics from the City of Park Ridge. Jo Ann Abruzzo v. City of Park Ridge, Docket No. 104935. The trial and appellate courts had ruled that the City of Park Ridge was shielded from liability based on the State’s Tort Immunity Law for Municipalities. The Illinois Supreme Court determined that based on the facts this case, the lawsuit could proceed under a less restrictive law covering emergency medical services. The Illinois Supreme Court noted that the Emergency Medical Services Systems Act, 210 ILCS 50/3.150(a) applied to the death of the young boy and not the absolute immunity that the City of Park Ridge claimed under the Tort Immunity Act, 745 ILCS 10/1-101.
This ruling by the Illinois Supreme Court, although based on the particular facts of this case, will allow lawsuits to proceed against paramedics where there are situations, like here, when they fail to assess or examine a person appropriately. This lawsuit is favorable to consumers, however, it is on a very fact-sensitive basis. Most municipalities will claim that they are immune from lawsuits based on the Tort Immunity Act. Of course, each case needs to be evaluated based on its particular facts.
The Law Offices of Jeffrey J. Kroll has successfully handled a number of cases against municipalities and school districts. Please contact us if you need an attorney experienced in these areas.
