Non-emergency medical transportation (NEMT) is a service that many elderly and disabled Kentuckians use to get to doctor appointments and other appointments with health care providers.
Some services offer transportation to job sites and for job training, shopping, and other needs, as well. They often provide lift-equipped vehicles to assist wheelchair users.
These transportation services, which Medicare or Medicaid often pay for, provide valuable assistance to many Kentucky residents. But NEMTs and their employees have a duty to transport their passengers safely to their destinations. That includes getting passengers in and out of vehicles without harm.
When a NEMT fails to meet its safety obligations and someone is injured because of negligence on the part of the staff, the transportation service may be obligated to pay for an injured passenger’s medical costs and other losses.
An accident that occurs during a NEMT transport can have a serious impact on an elderly or disabled individual’s health and life. The personal injury attorneys at Morgan, Collins, Yeast & Salyer can help by holding a negligent transportation service financially accountable for injuries the service has caused you or your loved one.
What to Expect from a Non-Emergency Medical Transportation Service
The provision of non-emergency medical transportation (NEMT) services to seniors and others who are unable to use other methods of transportation safely is a growing industry in Kentucky.
Passengers ride in large passenger vans or recreational vehicles that have been modified for medical transport of clients who are in wheelchairs or on gurneys.
Clients may be transported to doctor appointments, dialysis, rehab, and other medical care or for other needs that individual services may choose to meet. These services typically operate in rural areas that lack public transportation systems.
NEMT vehicles are typically staffed by a professional driver and an assistant. Longer trips may be staffed by a medical professional such as a nurse or an emergency medical technician (EMT).
A NEMT service may transport one or more clients at a time as well as companions of the service’s elderly or disabled passengers.
In addition to driving a vehicle between clients’ homes and appointment sites, NEMT staff typically:
- Help passengers in and out of vehicles
- Operate a chair lift to load passengers in wheelchairs into and out of vehicles
- Secure passengers with seat and shoulder belts or securements or tie-downs to keep wheelchairs or gurneys in place
- Walk passengers between vehicles and entrances to medical providers, homes, and pharmacies
- Provide routine medical and personal care assistance on longer trips such as help with medication, toileting, food and drinks, and catheter care.
Injuries Caused by Non-Emergency Medical Transportation
Staff hired by a non-emergency medical transportation service to transport the elderly and infirm have a duty of care to their clients. The owners of NEMT services have a legal duty to screen, hire, train, and equip staff to ensure that they can maintain the safety of their clients.
When NEMT staff or owners are negligent, a variety of incidents may cause injury to NEMT clients. They may include:
- Slip and fall or trip and fall accidents
- Motor vehicle accidents, including injuries caused or made worse by failure to secure a client’s seatbelt or wheelchair tie-down
- Motor vehicle collisions with clients, including back-over accidents
- Injuries involving a wheelchair lift and/or ramp
- Injury from being hit by a van or RV doors
- Dropping patients who are on gurneys or stretchers
- Exposure to cold or extreme heat within a closed vehicle
- Allowing an individual with cognitive loss to wander off from a secure place
- Violence inflicted upon an unattended client
- Elder abuse which may be physical, emotional, sexual, or financial abuse.
When providing services that require medical monitoring or providing care to a client, medical NEMT staff and the company might be liable for a medical malpractice claim if negligence in the provision of withholding of care led to harm.
How Our Personal Injury Attorneys Can Help
If you or a loved one of yours has been harmed because of the negligence on the part of the staff or owners of a non-emergency medical transportation service in Kentucky, you may file a claim and seek compensation for your injuries and losses.
Such legal actions may lead to changes in the operation of the transport service that can prevent other patients from sustaining injuries.
Our experienced team of Kentucky personal injury lawyers can investigate the circumstances of the accident to develop evidence of liability, document the full extent of your injuries, and demand full and fair compensation for you.
Owners of NEMT services realize the company deals with frail clients and that there is a very real possibility of clients being injured while in their care. This means these companies are heavily insured and also strongly represented by lawyers who will argue that a client’s injury was due to their own illness or infirmity.
It is not likely they will admit fault and pay you or your family member what you are owed without a fight, regardless of what really happened.
A Kentucky Courage attorney with Morgan, Collins, Yeast & Salyer can act as an advocate for you and your family member. Our legal team can ensure your loved one’s rights are upheld at all times and will fight to recover the full amount of compensation they deserve.
Injured By an NEMT? Talk to an Injury Lawyer Today
If you suspect that your loved one has been the victim of negligence while in the care of a non-emergency medical transportation service, our Kentucky personal injury lawyers can help you understand the options available to you to pursue compensation.
You may have a right to seek compensation to cover medical costs and other expenses related to your injuries.
At Morgan, Collins, Yeast & Salyer, we are ready to help you fight for justice. Contact us or call us now at (877) 809-5352 for a free and confidential discussion about your legal options.
