Analysis: The Elijah McClain Case

A Colorado grand jury has returned charges against both the police and the paramedics involved in the 2019 arrest and death of Elijah McClain.

Details of the Case

The 32-count indictment announced Wednesday involves charges of manslaughter and criminally negligent homicide. The two Aurora Fire Department paramedics both face one count of each, as well as charges of assault and recklessly causing bodily injury with a "deadly weapon"—ketamine. Two police officers face additional charges for assault and crimes of violence.

McClain, a 23-year-old Black man, was put in a chokehold and given the sedative during an arrest independent investigators later determined was unfounded. He suffered a sudden cardiac arrest and was later removed from life support. The local DA initially declined to file charges, but last year the state attorney general took up the high-profile case.

An investigator's report found that police took McClain into custody without reasonable suspicion of a crime occurring and continued to use force when it was not justified. The report also alleges that the paramedics accepted police claims of "excited delirium" and administered ketamine without examining McClain.

Ramifications

Our hearts go out not only to the family of the Elijah McClain, but also to the paramedics involved in this case. They went to work that morning hoping to provide the best possible care, and their patient died, and that grief of losing a patient is profound.

While nothing can erase this tragic death, and we may never know the whole story, this case serves as a reminder to all of us in EMS of the grave responsibility and impact of medical intervention. Sometimes things go wrong. Medical misadventures happen. In some cases malpractice happens. But in this case the court of popular opinion took hold and laws were even written impacting the practice of medicine. EMS providers are now facing criminal charges for the provision of patient care. As a physician, a medical director and an EMS provider this leaves me sad, angry and concerned.

As EMS leaders and medical directors this case must give us pause—controlled substances are a key to the great care we espouse for our patients. Ketamine is a drug with broad indications so this case has far-reaching ramifications. Moving forward we must take care to assure the training, oversight, protocols and guidelines we place on controlled substance administration are medically sound so that we can guide our services and providers effectively while assuring our state and federal regulators that the medications are being used appropriately and judiciously. Ketamine administrations will be under a microscope and we must be watching them closest of all.