Navigating Accountability: A Lesson from Henry County EMS

Author: Brady McLaughlin

In a recent and noteworthy legal development, the Kentucky Court of Appeals delivered a ruling that has sent ripples through emergency medical services across the nation. On March 8, 2024, in the case (No. 2022-CA-1330-MR), the court determined that Henry County Emergency Medical Services personnel, EMT Kristian Brock and paramedic Christopher Stone, could be held personally liable for a wrongful death. This case stems from events dating back to September 2017, which culminated in a tragedy partly due to delayed response times and equipment failure.

The Incident Unfolds
The incident in question began with a distress call to Henry County EMS, reporting an individual suffering from chest pain. Brock and Stone were dispatched to the scene, situated merely 3.8 miles from the station. However, the duo’s reliance on Active911, a third-party GPS navigation app, led them off course, resulting in a delayed 16-minute response time. Upon arrival, the situation worsened as the patient went into full cardiac arrest, and attempts to use a LifePak 12 defibrillator were thwarted by a malfunction, culminating in the patient’s untimely demise.

Legal Proceedings and Implications
The subsequent lawsuit targeted not only Henry County EMS but also Brock and Stone, both in their official capacities and personally. While the court upheld the governmental immunities protecting the county and the individuals in their official roles, it drew a line when it came to personal responsibility. The lawsuit against Brock and Stone was allowed to proceed, spotlighting their failure to adhere to critical protocols, including routine equipment checks and the use of authorized navigation tools.

The ruling sheds light on the absence of governmental immunity due to their negligence in following county-established guidelines, notably the checks and balances concerning AED (Automated External Defibrillator) usage and maintenance.

Reflections and Takeaways
This case serves as a potent reminder of the weight of responsibility shouldered by emergency services personnel. It underscores the paramount importance of strict adherence to operational protocols and equipment maintenance – not only as a matter of legal compliance but, more importantly, as a matter of public safety.

For EMS departments and professionals nationwide, this ruling highlights the necessity of:

• Establishing and enforcing clear AED inspection and maintenance policies.
• Conducting regular and thorough equipment checks in line with these policies.
• Maintaining meticulous records of all maintenance activities and inspections.

While the ruling is directly relevant to Kentucky’s public employees, its implications extend far beyond state lines, offering critical insights for AED programs and emergency response protocols nationwide. It is a clarion call for all emergency medical services to reevaluate and reinforce their operational procedures and training programs, ensuring that the tragic events of Henry County do not repeat elsewhere.

The case of Brock and Stone is a sobering reminder that in the fast-paced, high-stakes world of emergency medical services, there is no room for error. The safety of the community and the legal and personal accountability of EMS professionals hang in the balance, hinging on each decision made and action taken in the line of duty.