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Non-Emergency Transport Accidents: Duty of Care
What is the Duty of Care for NEMT Provders?
By: Aaron Marks

Worker's Compensation Claimants often require specialized transportation, particularly non emergency medical transportation (NEMT), for attending doctors' appointments and for receiving medical treatment.

 

NEMT providers, because they transport patients for profit, are referred to as "common carriers" and are held to the highest duty of care. This heightened duty of care requires every NEMT provider to transport your WC Claimant in the safest possible manner, regardless of the cost, time, or practicality. 

 

In addition to the ordinary claims that arise when operating a motor vehicle, such as collisions with other cars and trucks, NEMT often occur when as a result of:

  • Carelessness in moving or transferring the passenger, or in failing to secure the patient sufficiently
  • Loading and transferring the patient
  • Improperly used chair lifts
  • Leaving the patient in extreme or unsafe conditions
  • Loading or unloading of a wheelchair or stretcher 
NEMT Claims Are Usually Not Limited Under Workers Compensation Sole-Remedy Regulations

NEMT injury cases are complex and require a thorough understanding of the current statutes, regulations, and requirements. They cannot be litigated as merely auto accidents, nor are they seen as a form of medical malpractice. They are, in fact, a combination of unusual elements, including the following, which set these types of cases apart:

  • Broker relationship (NEMT brokers contract with state and local governments)
  • State regulations and policies, and
  • The particular special needs of those being transported

With the rapid expansion of the NEMT industry and a challenging regulatory environment, we expect to see continuing catastrophic injuries, including wrongful deaths, involving non-emergency transport vehicles in Georgia.

 

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