Decided January 23, 2009
Chester County, Pennsylvania

Brooks R. Foland (Harrisburg) secured a defense verdict in a professional liability action against an emergency medical services provider regarding a 911 call.

Plaintiffs alleged that the Defendant failed to provide appropriate emergency care to Plaintiffs’ decedent by not forcibly entering her home at the time of a 911 call. Plaintiffs also asserted that the Defendant was negligent for failing to have appropriate policies and procedures that would have ensured appropriate emergency care to the decedent. Plaintiffs allege this negligence increased the risk that Plaintiffs’ decedent would die and was a substantial factor in causing Plaintiffs’ decedent’s death.

After all the evidence was presented, a jury determined that not forcing entry into the residence did not increase the risk to Plaintiffs' decedent, and it was not a substantial factor in Plaintiffs' decedent's death.