The recent ruling of the United States Court of Appeals for the Sixth Circuit has brought to light a truly tragic situation in Southfield, Michigan.
On August 23, 2020, Erika Lattimore discovered her 20-year-old daughter Timesha Beauchamp unresponsive in their home and immediately called 911.
While family members detected a pulse and saw Beauchamp breathing, four EMTs who arrived on the scene declared her dead – and an unidentified doctor who was contacted by phone likewise declared her dead.
A funeral home employee expressed concern that Beauchamp may still have been alive when they arrived to transport the supposed remains but accepted the explanation given by first responders that any residual symptoms were due to medication.
This travesty continued as embalmers at the funeral home unzipped the body bag and saw Beauchamp gasping for air with eyes open and chest moving up and down.
She was quickly rushed to get medical attention but remained on a ventilator in a vegetative state until she passed away six weeks later with autopsy results citing anoxic brain injury potentially caused by time spent zipped up in a body bag.
Despite evidence of missteps on behalf of the EMTs, three judges ruled unanimously that they could not be sued nor could the city of Southfield due to what Courthouse News Service described as “a general rule” that there is “no constitutional right to competent medical assistance or rescue services.”
The plaintiff attorneys attempted to argue this exceptionless rule did not apply because egregious conduct from EMTs acting in an official capacity created a “state-created danger.”
However U.S Circuit Judge Joan Larsen suggested during the hearing that “It was just misleading information” while U.S Circuit Judge Julia Gibbons wrote on behalf of the majority suggesting it couldn’t be “clearly established” that first responders exposed Beauchamp private act of violence given their mistaken belief she was dead combined with routine funeral proceedings which included putting her body into body bag for transportation purposes only.
The lawsuit originally sought $50 million dollars however it is unclear whether the plaintiffs intend to appeal the ruling or if two licensed EMTs reportedly involved fulfilled conditions set forth before the reinstatement offer from state in December 2020 can be confirmed either way.
4 Responses
The legal systems suck.
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Another commie judge being a criminal and getting away with it.
Is that something? Medical malpractice/malfeasance compounded by Judicial malfeasance. This is a very strong sign that the medical industry is an arm of communist government. Working hand in hand to kill. No right to competent medical service. What a bunch of scum bags.