Aldana v. Stillwagon
Aldana v. Stillwagon
Opinion
*4 INTRODUCTION
Mike Stillwagon, a paramedic supervisor, was driving his employer's pickup truck. He was en route to the location of an injured fall victim to supervise the responding emergency medical technicians (EMTs) and, if necessary, provide assistance. At an intersection in Oxnard, he collided with a vehicle being driven by Gerardo Aldana. A year and a half later, Aldana sued him for negligence.
The Medical Injury Compensation Reform Act (MICRA) limits the time to file suit against a health care provider for professional negligence to one year from the date the injury is discoverable. 1 ( *5 Code Civ. Proc., § 340.5.) 2 The trial court found that Aldana's suit was subject to MICRA's one-year statute of limitations rather than the two-year limitations period for general negligence (§ 335.1), and therefore was time-barred.
After briefing was complete and before we heard oral argument, our Supreme Court decided
Flores v. Presbyterian Intercommunity Hospital
(2016)
Aldana contends that the trial court erred in applying MICRA because he had no connection to the professional services being rendered and because Stillwagon was not rendering professional services at the time of the accident. We agree with the latter contention. While Stillwagon's status as a paramedic may demonstrate that he was a medical professional, the automobile collision remains a "garden-variety" accident not resulting from the violation of a professional obligation but from a failure to exercise reasonable care in the operation of a motor vehicle. (
Flores, supra,
63 Cal.4th at p. 87, fn. 4,
FACTS AND PROCEDURAL HISTORY
Stillwagon was on duty as a paramedic supervisor at the Gold Coast Ambulance *721 station. Around 1:30 a.m., he heard on his radio scanner that an ambulance had been dispatched in response to a 911 call regarding an unconscious fall victim. He decided to respond to the call as an additional resource due to the indeterminate nature of the victim's condition and because he "was up and ready to go, and sometimes those calls are the best calls to provide a little evaluation on how the crews are performing in the early hours of the morning."
Stillwagon was certified as an ambulance driver. He got into the supervisor's vehicle, a Ford F-150 truck. It had an emergency vehicle permit but was not an ambulance and could not transport patients. At an intersection in Oxnard, Stillwagon failed to come to a complete stop at a red light. Aldana *6 was driving through the intersection from the direction with the green light when he collided with Stillwagon's vehicle. 3
Approximately 17 months later, Aldana sued Stillwagon for damages sustained in the collision, alleging a single cause of action for negligence. The trial court granted Stillwagon summary judgment. Relying on
Canister v. Emergency Ambulance Service
(2008)
Canister
held that EMTs "are health care providers and negligence in operating an ambulance qualifies as professional negligence when the EMT is rendering services that are identified with human health and for which he or she is licensed." (
Canister, supra,
160 Cal.App.4th at p. 392,
DISCUSSION
This appeal presents an issue of statutory construction, which we review de novo. (
Canister, supra,
160 Cal.App.4th at p. 394,
*7 MICRA's one-year statute of limitations applies to "an action for injury or death against a health care provider based upon such person's alleged professional negligence." (§ 340.5.) A "health care provider" is "any person licensed or certified pursuant to" various statutory schemes including, *722 as relevant here, the Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act. ( Id. at subd. (1); Health & Saf. Code, §§ 1797 et seq., 1797.4.) MICRA defines "professional negligence" to mean "a negligent act or omission to act by a health care provider in the rendering of professional services , which act or omission is the proximate cause of a personal injury or wrongful death, provided that such services are within the scope of services for which the provider is licensed and which are not within any restriction imposed by the licensing agency or licensed hospital." (§ 340.5, subd. (2), italics added.)
The dispositive question here is whether driving to the accident victim constitutes "professional services." It does not.
Canister
concluded that both the EMT driving the ambulance and the EMT attending the patient were rendering professional services. (
Canister, supra,
160 Cal.App.4th at p. 407,
Even if
Canister
was correctly decided, it is distinguishable. The regulation governing a paramedic's "scope of practice" provides that "a licensed paramedic" may perform certain specified procedures and administer various enumerated medicines "while caring for patients in a hospital as part of his/her training or continuing education ..., or while at the scene of a medical emergency or during transport, or during interfacility transfer."
4
(
*8
Cal. Code Regs., tit. 22, § 100146, subd. (c) ; see Health & Saf. Code, § 1797.170 [directing EMS Authority to establish minimum standards and promulgate regulations for EMT's training and scope of practice].) This includes the situation (if not the actions and omissions at issue) in
Canister
-a patient being transported from the scene of an accident to a hospital-but not the situation here. Driving a non-ambulance vehicle to the scene of an injured victim is outside the scope of the duties for which a paramedic is licensed. Under
Canister
, MICRA would not apply. (See
Canister, supra,
160 Cal.App.4th at p. 407,
Stillwagon asserts that "[w]hen responding to the emergency call, [he] was acting within the course and scope of his employment
*723
as a licensed health care provider." It is not the scope of his employment, however, that matters. If MICRA applied merely because a health care provider acted within the scope of his or her employment, then it would apply to any claim against a health care provider based upon services he or she performed on the job. MICRA is limited, however, to claims arising from "
professional
services," and even then only "such services ... for which the provider is licensed." (§ 340.5, subd. (2), italics added.) We cannot ignore the Legislature's proviso as surplusage. (See
PacifiCare of Cal. v. Bright Medical Associates, Inc.
(2011)
More importantly, while MICRA is not limited to suits by patients (
Hedlund v. Superior Court
(1983)
*9 DISPOSITION
The judgment is reversed. Costs to appellant.
We concur:
GILBERT, P.J.
YEGAN, J.
MICRA "creates two separate statutes of limitations, both of which must be satisfied if a plaintiff is to timely file a medical malpractice action. First, the plaintiff must file within one year after she first 'discovers' the injury and the negligent cause of that injury. Secondly, she must file within three years after she first experiences harm from the injury." (
Ashworth v. Memorial Hospital
(1988)
All statutory references are to the Code of Civil Procedure unless otherwise stated.
The parties dispute whether Stillwagon activated his vehicle's emergency lights and "yelp siren" before entering the intersection. For the purpose of determining MICRA's applicability, this is not a material fact.
In addition, a licensed paramedic may perform any of the procedures that an EMT or advanced EMT is authorized to perform, but those are similarly limited. (See Cal. Code Regs., tit. 22, § 100063, subd. (a) [EMT duties are "[d]uring training, while at the scene of an emergency, during transport of the sick or injured, or during interfacility transfer"];
Case-law data current through December 31, 2025. Source: CourtListener bulk data.