IFMK Law Partner Gerald Rohrer secured summary judgment in a wrongful death and survival action brought against paramedics in the Circuit Court of Cook County. In granting summary judgment Judge Barret agreed with the defense that the paramedics were immune pursuant to the Emergency Medical Services (EMS) Systems Act, 210 ILCS 50/3.150. The Act provides civil immunity to providers, governmental bodies and agencies authorized under the Act for medical services unless there was willful and wanton misconduct committed in providing those services.
In this case a 38-year old patient suffered a medical emergency during oral surgery while under sedation. The oral surgeon eventually called 911 and paramedics/firemen of a local Fire Protection District responded. Upon their arrival they immediately began rendering medical care and the patient went into cardiac arrest. The paramedics initiated life-saving procedures which included administering oxygen, performing CPR, administering multiple rounds of medications, and two intubations. The patient was transported to the hospital never to regain consciousness and died three days later of anoxic brain injury. The plaintiff alleged willful and wanton conduct against the Fire Protection District and the paramedics claiming improper intubation, a failed thoracic needle decompression that lacerated the liver and various violations of Standing Medical Orders.
After an exhaustive review of the facts the Court found that nothing in the record suggest misconduct that could sustain a finding of willful and wanton conduct which requires a showing of an “utter indifference to or conscious disregard for the welfare of the decedent.”
The plaintiff’s case against the oral surgeon remains pending.
Kishta v. Orland Fire Protection District et al., 2023 L 7748