In a recent decision by the Michigan Court of Appeals, the court reversed in part a trial court’s summary disposition in favor of Tri-Hospital Emergency Medical Services and its employees, who were accused of gross negligence leading to the death of Dale Wehner. The plaintiff, Daniel Wehner, acting as the personal representative of his father’s estate, argued that the defendants failed to provide adequate emergency medical services during two separate visits to Dale’s home. The trial court had previously ruled that the defendants were protected under the Emergency Medical Services Act (EMSA), which grants immunity unless actions constitute gross negligence or willful misconduct. However, the appellate court found that there was sufficient evidence suggesting potential gross negligence, particularly concerning allegations that defendants did not transport Dale to a hospital despite his deteriorating condition and may have falsified refusal-of-treatment documents. The case has been remanded for further proceedings.
Daniel Wehner is suing Tri-Hospital Emergency Medical Services Corporation for failing to provide appropriate emergency medical services leading to wrongful death
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