When you have health issues that require regular medical appointments, the last thing you expect is to get injured while using a transport service designed specifically to help you get treatment. Unfortunately, injuries during routine medical transport happen more often than people realize.
And in some cases, these are not “just accidents.” They may be a result of negligence. Non-emergency medical transportation (NEMT) companies are subject to a higher standard of care than regular drivers. Understanding this difference could be crucial to protecting your rights after an injury.
Why do NEMTs have a higher standard of care?
NEMT companies usually operate as “common carriers,” meaning they serve the general public for a fee. The law holds common carriers to a higher standard of care because their passengers often have no other choice and must rely completely on the company’s services. As such, NEMT companies must exercise extraordinary diligence for their passengers’ safety, which is a much higher standard than what is required of regular drivers.
Is it an unavoidable accident or a result of negligence?
When accidents happen, it is important to look at what specifically went wrong. Here are common scenarios where NEMT companies may have failed to meet their standard of care:
- Car accidents while transporting patients: These incidents are more likely to happen if the NEMT driver lacks proper training or if companies fail to maintain their vehicles properly.
- Fall injuries due to equipment failures: When wheelchair lifts or securement systems malfunction, patients may fall and suffer injuries during the ride. NEMT companies may be liable if they do not maintain their equipment well or if they use outdated systems.
- Injuries due to unsafe patient handling: If drivers have not received appropriate training, they can put patients at a higher risk of injury during boarding or transfers. They may also fail to respond appropriately to emergencies or delay getting patients the urgent care they need.
These accidents are distressing not only because you or your loved one may be suffering severe injuries, but also because these accidents could have been prevented. In cases like these, you have the right to seek justice.
Learn more about how you can protect your rights
If you believe that your injury was a result of NEMT negligence, it is important to document what happened and preserve any evidence. It can also help to talk with an experienced attorney about your situation. They can help you explore any legal options available to you.