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Insider Analysis: Lawsuit filed after EMS fails to resuscitate gunshot victim

A case in New Mexico highlights the importance of thorough assessments after paramedics deemed a patient’s self-inflicted gunshot wound unsurvivable

What happened: A lawsuit has been filed against paramedics in Santa Fe, New Mexico, after they failed to resuscitate a patient who survived a self-inflicted gunshot wound to the head. Upon arriving at the scene, EMS personnel deemed the patient’s condition non-survivable, noting agonal breathing, but allegedly neglecting to conduct a thorough examination or place a monitor on the patient. Despite the lack of treatment, the patient survived, though with severe impairments, including blindness and brain damage. The lawsuit claims that proper care might have altered the outcome, raising concerns about decision-making in the field.

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Highlights

Watch as Ed Bauter, MBA, MHL, NRP, FP-C, CCP-C; and Daniel Schwester, MICP, highlight the significance of this development, including:

  • Importance of thorough patient assessment. Paramedics must ensure they conduct full assessments, even in cases that appear unsalvageable, to avoid premature conclusions.
  • Impact of body cam footage on accountability. Police body camera footage contradicted the EMS report, underscoring the need for accurate documentation and accountability.
  • Legal and ethical responsibilities. This case highlights how EMS providers are being held accountable for both their actions and inactions, stressing the need to treat every patient as a survivor.

The path forward

This case serves as a reminder that EMS providers must avoid bias and always perform a complete assessment, even when a situation seems dire. The legal consequences and loss of public trust when protocols are not followed can have lasting impacts on both individual providers and EMS agencies as a whole. Moving forward, it is crucial to emphasize training that reinforces thorough patient care and an adherence to established protocols, especially in high-stress environments.

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Ed Bauter, MBA, MHL, NRP, FP-C, CCP-C

Ed is a managing partner and chief executive officer of Overrun Productions, LLC; and co-host of The Overrun Podcast. Ed is a recovering medical student and paramedic.

His academic interests are in healthcare policy, team leadership and development, resuscitation and EMS medicine. Before attending medical school, he was a field preceptor and EMS educator for 10 years.

A second-generation paramedic, Ed works to inform the public about the importance of EMS and strives to encourage other EMS providers to move the profession forward using the most up-to-date data and technology.

He is a fan of old movies, the New Jersey Devils and the Philadelphia Eagles.

Daniel Schwester, MICP

Daniel Schwester has been a paramedic since 2000. He has served in a variety of roles including education, field training, clinical supervision and active practice as a paramedic.

He is the managing partner of Overrun Productions, LLC; and a co-host of The Overrun Podcast.

He is married to Jennifer, and is father to Caroline and William. He resides in Toms River, New Jersey.