Legal Question in Personal Injury in California
Real brief ? I sustained a life threatening gun shot wound to my left leg (groin thigh area) femoral artery march 6 2012. Unknown suspect fled.Cops,fire dept.and ambulance arrive.Cops observe the scene everything was clear but did not assist in removing me from the residence for quiet some time.I could have bleed to death;total blood loss 5 pints. I feel neglect plays a big roll here.Looking to push this issue but need legal advice to whom is at fault; cops or ambulance.Comment: if it had been a cop treatment would have been right a way.Is this a civil matter,what documents to file and against who is my question. Thanks for your time .
2 Answers from Attorneys
First off, the police are not responsible for transporting you or seeing to it that you are transported. That is up to the medical personnel. As for "pushing the matter" against medical personnel, you first have to obtain a certificate of merit from a doctor that says that in their medical opinion the medical personnel did something wrong. You cannot file a medical malpractice case without one.
I'm sorry to hear about your ordeal. The person at fault is the one who shot you, not the emergency services personnel who helped you afterwards. Even if you have a claim against the police, etc., it would only be for the additional harm you suffered due to their conduct. They are not at fault for you losing five pints of blood, though you might be able to show you would have lost, say, only four pints had they acted more quickly. You would also have to show that they owed you a duty to act more quickly, that they breached that duty and that they are not immune from suit. You would have to overcome other substantive and procedural hurdles as well.
Despite all of this, you might indeed have a case. You should meet with one or more local attorneys and discuss your claim in detail.
Good luck.