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(Updated)
Former Hamilton paramedic Paul Zenchuk will have to wait until October to find out his penalty for failing to help a patient back in 2011. He’s the first Ontario paramedic ever convicted of the offense under the ambulance act.
Zenchuk pleaded guilty last month in part because he’s remorseful and in part to avoid the maximum penalty, a year in prison and a 25-thousand dollar fine. He gave up being a paramedic but his former union is appalled he’s facing charges at all.
This is 47-year-old Paul Zenchuk, in a navy suit and purple shirt, walking back to court after lunch with his lawyer and former union leaders. He gave up his paramedic license after a Coroner’s report said he was partially responsible for the death of 59-year old Michael Farrance.
Farrance lived on Balsam Avenue South, and on January 29, 2011, police were called to bring him home — twice. He was falling down drunk in taverns. The second time, near three in the morning, he swung at police with his cane. An officer pushed back, and Farrance’s head hit the brick of his house as he fell. He had blunt force trauma, and for many minutes, he lay on the porch with his chin on his chest, with his airways restricted. Both factored in his death.
Zenchuk got to the scene by himself, and in an EMS car, before the ambulance arrived. He recorded some vital signs but didn’t treat Farrance. He wasn’t aware of the altercation with police.
“Unfortunately, he was lulled into thinking the patient was drunk. He should have acted when he realized the patient was in danger, and he’s acknowledged that.”
Mario Posteraro heads the OPSEU local that represents Hamilton’s 350 paramedics: “It sends a chill through the profession. All paramedics are concerned they could be subjected to this type of process, proceeding.”
The lawyer for the crown was very critical of Zenchuk during her closing arguments. She said he wasn’t focussed on his job the night he was here at Balsam Avenue South. He failed to do anything. She said that is not an error, that is an abdication of his publicly funded responsibilities with predictable and devastating results.
But union executives say firefighters, police and dispatch all made mistakes that night: “There was a whole host of variables that contributed to the demise of the patient but Zenchuk is paying the full price.”
The judge won’t deliver his sentencing decision until October 20th, after a pre-sentence report is prepared and lawyers have time to go over it. But because of his guilty plea, Zenchuk only faces 30 days in jail. The union thinks even that is excessive. They say people make mistakes, and that’s what this was. His lawyer is asking for probation only.
