QBall QBall:
Macguyver Macguyver:
Naw, he has to be liable. It is his own fault, the medics have a duty to care for him.
I wonder why his vehicle insurance does not cover medical expenses?
First party injury protection (i.e. cover injuries suffered by driver aka PIP) is optional in most states. All states want you to have coverage to cover damage you cause to third parties, but to yourself it's still optional in some states. Plus it's quite possible he was riding uninsured as the article doesn't mention this.
It really is a deplorable situation since the law forced him to treatment, but at the same time no judge/jury on the planet is going to absolve the paramedics of liability for listening to the wishes of someone who just suffered a rather serious head injury. It must have been one hell of a crash considering the article shows him riding with a helmet (I assume it's his regular habit) yet he still suffered "...broken bones around his eye".
He wasn't wearing a 'full face' helmet, such as a Shoeii. The one he is shown wearing is designed only to protect the cranium. Seems that it followed thru on that point!
Were I the judge in this case, I would rule that the EMT's were obligated to take him to the hospital, thereby making the rider liable for the ambulance ride and the initial consultation at the hospital. Since the medical personnel at the hospital went ahead with treatment
after the patient again voiced his wishes for no treatment, the hospital to be held liable for any further costs.