Innovative Legal Argument Clarifies Missouri Official Immunity

"Meyerkord and Meyerkord: A Legacy of Legal Innovation"

In a landmark wrongful death case, decided in 2010 in the Eastern District of the Missouri Court of Appeals, the attorneys at Meyerkord and Meyerkord, LLC represented the family of a man who lost his life and gave the family a chance to recover damages for their loss. In the case, the man suffered from chest pains and had difficulty breathing, however, the paramedic and emergency medical technician that assessed him less than 24 hours before his death, misdiagnosed the man as suffering from stomach issues. The assessment indicated that the man was not in an emergency situation. The following morning, the man was in the hospital, suffering from a heart attack; he died that day in the hospital.

Initially, the circuit court held that the emergency medical technician and the paramedic were covered by official immunity. Official immunity is a safe harbor meant to protect public employees acting in their official capacity from negligence claims when using discretion in their jobs. The appellate court reversed summary judgment for the defendants and held that publicly employed emergency responders are entitled to protection under this theory only if they are facing a true emergency, which "is one involving rapidly evolving circumstances" when the employees have "limited information". In this case, the emergency medical technician and the paramedic were not under the constraints of a true emergency because they diagnosed only stomach pain and therefore not sheltered by official immunity. This distinction now presents an important opportunity for recovery when negligence occurs from emergency medical technician personnel not properly responding to emergencies.

If your family has suffered a loss, the wrongful death attorneys at Meyerkord and Meyerkord, LLC are on your side. We will continue the fight on your behalf, in pursuit of justice. Please call (800) 391-4318 to schedule an appointment to meet with our attorneys about your potential case.

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