San Diego Medical Transport Accident Attorneys

Accidents & Injuries During Medical Transport

An alarming number of people are injured in transit to or from their home or nursing home to a doctor’s office, hospital, dialysis clinic, rehabilitation clinic or other outpatient procedure clinic. Injuries in medical transport accidents are not necessarily due to a crash or collision of a medical transport vehicle, but may result from unsafe or negligent handling by transport company employees. Patients that use medical transport services are commonly elderly or disabled with limited mobility. Drivers are supposed to be specially trained to safely transport patients to their destination without incident or injury. Victims injured in medical transport accidents are entitled to compensation from the party responsible for their injuries or a loved one’s wrongful death.

Types of Medical Transport Injuries

Patients may be injured countless ways when transport companies do not properly train employees to safely transport and secure patients in transit, or when employees negligently leave patients unattended. Examples of medical transport accidents include:

• Accidents getting into or out of a wheelchair before or after transport.
• Accidents as a result of not being properly secured to a backboard or stretcher.
• Accidents during transport into or out of medical transport vehicle.
• Accidents due to unsecured wheelchairs in a vehicle.
• Accidents on sidewalks, in parking lots, elevators, doctor’s offices, hospitals or nursing homes.

Estey & Bomberger – Experienced San Diego Medical Transport Accident Attorneys

Attorneys at Estey & Bomberger have successfully represented a number of victims of medical transport accidents. One such case against a medical transport company involved a client who suffered a traumatic brain injury in a wheel chair accident. San Diego Medical Transport was taking a patient to a dialysis center, when she was left unattended near a curb. The wheelchair went off the curb, throwing the woman onto the ground. She suffered a brain injury, which required emergency surgery to relieve cranial bleeding. Our client was hospitalized for several weeks and spent more than five months in a convalescent facility. For this case, the law firm of Estey & Bomberger obtained a $925,000 settlement. Contact us for more information about our experience in medical transport accident cases.

Duty of Care and Diligence of Medical Transport Companies

Medical transport vans are not ambulances, and are not usually used to transport those with life-threatening illnesses or injuries. As companies that advertise their services to the general public and accept payment for transportation, 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 lays out 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).  Specifically regarding 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.

• [Insert other applicable factor(s).]

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).

Protect Your Rights – Contact Us Today

If you have been hurt or if a member of your family has died in a medical transport accident or in any collision involving a medical transport vehicle or an emergency response vehicle (such as an ambulance), contact Estey & Bomberger for a free consultation. You may be entitled to substantial compensation for your injuries in a medical transport accident or ambulance crash. We handle all cases on a contingency fee basis (we do not charge a fee unless we win). To discuss your case with one of our experienced attorneys, call (619) 873-4498.