Earlier last month, an appellate court issued a written opinion in a car accident case brought by a man who was injured by an on-duty paramedic on his way to the scene of an accident. The case, Aldana v. Stillwagon, presented the issue of whether a case involving a regular traffic accident caused by an on-duty paramedic should be considered a “medical malpractice” case for the purpose of determining which procedural rules apply. Ultimately, the court determined that since the accident was “garden variety” and didn’t involve the paramedic’s professional duties, the case should not be considered a medical malpractice case.
The Facts of the Case
The defendant, Stillwagon, was an on-duty paramedic who was called to respond to a traffic accident. He was not in a marked ambulance but was instead driving a special pick-up truck that was outfitted with lights and sirens. However, at the time, neither was activated.
On his way to the accident scene, Stillwagon ran a red light and struck Aldana’s vehicle, causing him serious injuries. Aldana filed a personal injury lawsuit against Stillwagon but did so 17 months after the accident. In response to the complaint filed against him, Stillwagon asked the court to dismiss the case, arguing that the appropriate statute of limitations was one year under the state’s medical malpractice act.