What are my rights if I was involved in an auto accident during I it my head during the collision and get a concussion but the EMT on the scene cleared me to drive home?

EMTs showed up on scene and evaluated me, which I do not remember. When I left the scene of the accident, no more than 10 minutes later I passed out and totaled my car and was sent to the hospital. It has been a month since the accident and I still am not cleared to work or go to school from this. Do I have a case against that EMT that cleared me to drive home? I feel like they need to have better judgement. I took their expert advice and drove home like they said to do and as a result I totaled my car, am unable to work, and my insurance rates increased.

Asked on September 4, 2015 under Malpractice Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The issue is not whether or not the EMT was wrong--it's whether or not his or her advice was reasonable, given the facts and your symptoms. If the average reasonable EMT, faced with that situation, might have made the same recommendation, then this was most likely not malpractice the law accepts that medicine is, to a large extent, more an art than a science and that medical care providers, acting reasonably and carefully, sometimes get things wrong.
But if the average reasonable EMT under those circumstances would not have let you drive, then this would likely have been malpractice. In that case, you could recover you losses and costs from the EMT and his/her employer e.g. anything not paid by your insurer for your car any medical costs not paid by insurance lost wages etc. 
You should speak with a personal injury attorney many provide a free initial consultation to evauate a case you can ask about this before making the appointment the lawyer can evaluate the strength of your case and what it might be worth, and advise you as to what it would likely cost to pursue it. You can then decide what to do. Good luck.

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