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California Medical Transport Accident Attorneys
Accidents involving injury or death during the course of medical transport are surprisingly common. Medical transport services are often used to transport people who are disabled or have limited mobility (often elderly) from their home or nursing home to a doctor’s office, rehabilitation center, outpatient care clinic, or dialysis clinic. Drivers of medical transport vehicles have special training in safely transporting patients without accident or injury. Incidents resulting in personal injury can involve vehicle accidents, improperly restraining a patient, negligent handling or failure to supervise. Victims injured in the course of medical transport due to the negligent care of the medical transportation company are entitled to compensation for their injuries, or a family member’s wrongful death.
Types of Medical Transport Injuries
The following are types of injuries that may be sustained during medical transit:
- Acetabular fracture (broken pelvis)
- Traumatic brain injuries
- Spinal cord injuries
- Head injuries
- Skull fracture injuries
- Concussion
- Hematoma
- Broken bones
- Other catastrophic injuries
Causes of Medical Transport Accidents
- Injuries caused by negligent care getting into or out of a wheelchair before or after transportation.
- Injuries caused by unsecured wheelchairs or stretchers in medical transport vehicles.
- Injuries from accidents in parking lots, on sidewalks, or in elevators, doctors’ offices, nursing homes, and hospitals.
- Injuries resulting from slip and fall accidents.
Duty of Care and Diligence of Medical Transport Companies
Medical transport vans are not ambulances, and are not typically utilized to transport those with emergencies, life-threatening illnesses or injuries. As companies that advertise their services to the general public and accept payment for transportation services, they may be considered common carriers. In California, under Civ. Code § 2100, a carrier of persons for reward must use the utmost care and diligence for their safe carriage, must provide everything necessary for that purpose, and must exercise to that end a reasonable degree of skill.
Standard Duty of Care for Common Carriers
The California Book of Standard Civil Jury Instructions sets forth the duty of care for common carriers. Common carriers must carry passengers [or property] safely. Common carriers must use the highest care and the vigilance of a very cautious person. They must do all that human care, vigilance, and foresight reasonably can do under the circumstances to avoid harm to passengers [or property]. (CACI 902). More specifically regarding elderly or disabled passengers, if the common carrier voluntarily accepts the passenger and is aware of that passenger’s condition, it must use as much additional care as is reasonably necessary to ensure the passenger’s safety. (CACI 904).
Are Ambulances & Medical Transport Vehicles Common Carriers?
The California Book of Standard Civil Jury Instructions provides the standard test for what constitutes a common carrier:
To prove that [name of defendant] was a common carrier [name of plaintiff] must prove that it was in the business of transporting [the property of] the general public.
In deciding this issue, you may consider whether any of the following factors apply. These factors suggest that a carrier is a common carrier:
- The carrier maintains a regular place of business for the purpose of transporting passengers [or property].
- The carrier advertises its services to the general public.
- The carrier charges standard fees for its services.
A carrier can be a common carrier even if it does not have a regular schedule of departures, a fixed route, or a transportation license. (CACI 901).
Estey & Bomberger, LLP – Experienced CA Medical Transport Accident Attorneys
The California personal injury attorneys at Estey & Bomberger have successfully represented a number of medical transport accident victims. Our expertise in serious injury cases helps our clients obtain the maximum possible verdict or settlement. If you or a family member has been injured during medical transport, contact us today for a free and confidential consultation of your legal rights. To speak with an attorney, call us at (800)925-0723. We handle all cases on a contingency fee basis – there are no fees unless we win your case.
Estey & Bomberger
California Personal Injury Attorneys
Serious Injuries. Serious Results.
1-800-925-0723
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