The fact that he didn't die of meningitis is kind of being lost here. He died of a lack of oxygen from a different ailment. The judge's reasoning...
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“I accept Dr. Sauvageau’s opinion. Ezekiel stopped breathing from laryngotracheobronchitis complications, From that point forward he was without oxygen or without sufficient oxygen until ultimately the lack of oxygen caused his death. There is no argument the Stephans acted in any way inappropriately once faced with the emergency created when Ezekiel stopped breathing. They did everything they could to get Ezekiel to the hospital and preserve his life.”
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Had they not done everything they could to get him to an ambulance on time when he stopped breathing, they would have been negligent. But what killed him, essentially Croup, is not something people rush to the hospital for...
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Croup is a common respiratory problem in young children. It tends to occur in the fall and winter. Its main symptom is a harsh, barking cough. Croup causes swelling and narrowing in the voice box, windpipe, and breathing tubes that lead to the lungs. This can make it hard for your child to breathe. An attack of croup can be scary, but it is rarely serious. Children usually get better in several days with rest and care at home.
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Had they taken him to the hospital for meningitis, he would have been treated appropriately for croup and likely not died. However had the ambulance had appropriate equipment, he wouldn't have died either. Are they responsible for not diagnosing meningitis? I don't think so since many doctors have misdiagnosed it. It sucks all around but I don't see them being criminally responsible. I do see a great deal of liability with EMS though.