In negligence court cases involving EMS, who is usually the primary defendant?

In negligence court cases involving Emergency Medical Services (EMS), the primary defendant is typically the agency for which the Emergency Medical Dispatcher (EMD) and the paramedics work. This is often due to the legal concept known as "vicarious liability," where an employer can be held responsible for the actions of its employees performed within the course of their duties. The agency is generally seen as having the duty to provide adequate training, supervision, and resources to their employees, which can also extend to the actions taken by the EMD when handling emergency calls.

Involving the agency as the primary defendant reflects the understanding that systemic issues, such as policies and procedures, may have contributed to the alleged negligence. This approach often allows for a more comprehensive evaluation of the case, as the actions of individual paramedics may be influenced by the agency's standards and protocols. Thus, focusing on the agency offers a broader perspective on liability and accountability in the EMS profession.