The Burn
Coolant from a radiator exploded onto our client, burning her chest, neck, and arm. EMS was called to the scene.
The McPhillip Firm · Atlanta, GA
$450,000 Second-Degree Burn Settlement After EMS Did Not Take Our Client to the Hospital
This burn injury settlement followed emergency care that, we alleged, misjudged how badly our client was burned.
Case Overview
Settlement$450,000From an initial $15,000 offer
Case TypeBurn injury; claim alleged negligent emergency medical care
ResolvedPre-trial settlement, weeks before trial, after heavy litigation
VenueConfidential
InjuriesSecond-degree burns to the chest, neck, and arm; almost a week in a burn unit
What Went Wrong After the 911 Call
Our client wasn't taken to the hospital. She was told her burns were first-degree and advised to treat them at home with aloe vera or lidocaine.
Burn unit records later documented second-degree burns. In our EMS negligence claim, we alleged that the on-scene assessment was wrong and that the advice to treat the burns at home delayed the care they needed. We also alleged that the delay made her injury and recovery worse.
The case settled, so no court or jury ruled on these allegations.
The Injury: A Week in a Burn Unit
Second-degree burns blister and carry a higher risk of infection and scarring than first-degree burns. Doctors decide whether a burn needs specialist care based on its depth, how much of the body it covers, and where it is.
Our client spent almost a week in a burn unit. Her injury was serious from the first minute. The advice she received at the scene didn't create the burn, but our claim was that it delayed the treatment the burn needed, which worsened the injury.
Why the Other Side Fought This Claim
The other side's first offer was $15,000. The case settled for 30 times that amount.
The defense initially argued that our client refused transport to the local hospital. However, the testimony of several witnesses, including a former employee of the EMS company, demonstrated that the EMT had a history of pushing refusals on unknowing patients. Next, the defense offered a medical expert who testified that the delay did not worsen our client's injuries.
We hired two experts: an ER doctor and a paramedic. The ER doctor testified that due to bacteria entering the wounds for an extended period of time, the injury and scarring were four to five times worse than they would have been had our client received immediate hospital transport.
Our paramedic expert testified that the EMS company violated several elements of EMT care, including: 1) offering medical advice; 2) not escalating to a superior; and 3) not following the protocol for an "against medical advice" refusal of transport.
How We Built the Case
We built the claim in five parts.
1The 911 call and EMS records
Every ambulance call produces a written report of what the crew saw, what they concluded, what care they gave, and whether they took the patient to the hospital. We had the 911 call. Alarmingly, the EMS records did not identify the burn to our client's arm, which was the most severe and largest burn of all.
2The medical records
Hospital and burn unit records establish the true depth of a burn. Our client initially visited Piedmont Fayette Hospital after returning to Atlanta, only to be told that she needed to be at a hospital that had a burn center. Ultimately, Grady Hospital in Atlanta treated our client.
3The standard of care
In a medical negligence claim, an expert typically explains what a careful provider would have done. In this case, the EMT’s failure to take our client to the hospital immediately resulted in a worsened injury that required nearly a week of inpatient treatment at a hospital.
4The long-term impact
Scarring, treatment, and lasting effects have to be documented before they can be evaluated. Severe burns can rise to the level of a catastrophic injury, with years of future care.
5From $15,000 to settlement
We hired investigators and experts who strengthened this case. In addition to the ER doctor and the paramedic expert, we hired a former APD homicide investigator to track down the paramedic involved in this incident. This investigator found her in New Mexico. This paramedic was fired a month after the incident. With persistence and the development of rapport, she agreed to be deposed about what occurred and her pattern of inadequate service.
The Result: $450,000 a Week Before Trial
The case resolved with a $450,000 pre-trial settlement for our client. It was filed in court and litigated through discovery and depositions, and it settled a week before the trial date.
Some cases resolve before a lawsuit is ever filed, and others settle only as the trial approaches. The right approach depends on the case. A firm that's prepared to try the case gives the other side a reason to raise a pre-trial offer.
Hurt by a Burn and Turned Away by EMS? What This Case Means for You
If you were told a burn was minor and it gets worse, get a second medical opinion. Blistering, spreading redness, or growing pain are reasons to be seen again. Photos of the injury in the first days, along with the EMS run report, can matter a great deal later.
Treat a low first offer as the insurer's opening position. Pushing back on offers that don't reflect a claim's value is a regular part of insurance coverage disputes. In Georgia, you generally have two years to file an injury lawsuit. If the EMS provider was a public or government agency, much shorter written notice deadlines may apply.
If you're seeking burn injury compensation after emergency care that went wrong, talk with our team for a free review of what happened and your options.
Frequently Asked Questions
Can you sue an ambulance company or EMT in Georgia?
In some cases, yes. Georgia law gives licensed ambulance services and their crews certain protections for emergency care, so whether a claim can go forward depends on the facts. A lawyer can review the run report and the care you received to tell you where you stand.
What is the difference between a first-degree and a second-degree burn?
A first-degree burn damages only the outer layer of skin. It's red and painful but doesn't blister. A second-degree burn reaches deeper and usually blisters and weeps. Some second-degree burns get deeper over the first few days, so any blistering burn should be checked by a doctor.
What affects the value of a burn injury claim?
Value comes down to the burn and its effect on your life. The main factors are how deep it is, how much of your body it covers, and where it is. Scarring, the treatment required, your lost wages, and how much insurance coverage exists also matter. Published burn settlement amounts and averages say little about any single case.
What should I do if EMS does not take me to the hospital?
Get medical care on your own if your symptoms continue or get worse. Go to an urgent care or emergency room, and tell them what happened and what you were told at the scene. If a doctor finds a more serious burn, keep that record. It shows the difference between the assessment at the scene and the actual diagnosis.
Why would a case settle just before trial instead of going to a verdict?
As the trial approaches, both sides have to weigh the risk of letting a jury decide. By then, each side has gathered the evidence and questioned the witnesses under oath. A case settles at that point if the offer reflects what the evidence shows.
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