Airline Negligence in Medical Emergencies
When you board a flight, you place your trust in the airline to ensure your safety. This responsibility extends beyond piloting the aircraft; it includes providing a standard of care during medical emergencies. A recent case involving American Airlines highlights the severe consequences that can occur when this duty is neglected. This incident not only resulted in a life-altering outcome for a passenger but also set a legal precedent regarding airline liability.
American Airlines Found Negligent in Stroke Case
In November 2021, Jesus Plasencia and his wife, Ana Maria Marcela Tavantzis, were on an American Airlines flight from Miami to Madrid. Before the plane even left the gate, Mr. Plasencia experienced alarming symptoms, including a brief inability to speak and difficulty picking up his phone. His wife, recognizing the signs of a potential stroke, immediately alerted a flight attendant and the pilot.
Instead of following established medical protocols, the flight crew allegedly dismissed her concerns. According to the legal complaint, the pilot joked with Mr. Plasencia and cleared the flight for takeoff without consulting the airline’s medical hotline or seeking assistance from a medical professional on board.
Hours later, while flying over the Atlantic, Mr. Plasencia suffered a massive stroke. He was hospitalized in critical condition upon arrival in Spain and has since lost the ability to speak or write, requiring constant care. His wife is now his primary caregiver. A jury found American Airlines was negligent for failing to follow its own medical protocols, which could have led to timely treatment in a Miami hospital and potentially a much better outcome for Mr. Plasencia. The court ordered the airline to pay over $11 million in damages.
Understanding Airline Liability: The Montreal Convention
This case was judged under the Montreal Convention, an international treaty that governs airline liability for the injury or death of passengers on international flights. Under this convention, an airline can be held liable for damages if an “accident” occurs during the flight or while embarking or disembarking.
Courts have interpreted “accident” to include unexpected or unusual events external to the passenger. In this case, the crew’s failure to adhere to medical procedures was considered such an event. The finding of negligence hinged on the crew’s inaction when presented with clear signs of a medical emergency. By ignoring the passenger’s symptoms and departing, the airline failed in its duty of care, leading to a catastrophic personal injury.
How to Protect Yourself During Air Travel
While airlines have a duty of care, passengers can also take steps to protect themselves, especially if they have pre-existing medical conditions.
- Consult Your Doctor: Before traveling, discuss your plans with your doctor, especially if you have chronic health issues.
- Carry Medical Information: Keep a list of your medical conditions, medications, and emergency contacts with you.
- Speak Up Immediately: If you or a fellow passenger experiences a medical issue, alert the flight crew without delay. Be clear and firm about the symptoms.
- Know the Symptoms: Familiarize yourself with common signs of medical emergencies like strokes (FAST: Face drooping, Arm weakness, Speech difficulty, Time to call for help) and heart attacks.
If you believe an airline’s inaction caused or worsened a medical condition, document everything. Note the time symptoms appeared, who you spoke to, their response, and any witnesses. This information is critical for holding the airline accountable.
Holding Airlines Accountable
The American Airlines case is a stark reminder that airlines have a profound responsibility to their passengers. When they fail in this duty, the consequences can be devastating. This verdict sends a clear message that negligence in the skies will not be tolerated. An airline’s internal protocols are not just suggestions; they are critical procedures designed to save lives.
If you or a loved one has suffered a personal injury due to what you believe was an airline’s failure to act appropriately during a medical emergency, you have rights. Contact the personal injury attorneys at Helmer Friedman LLP for a confidential consultation to discuss your case.