Michelle Ball for herself and next of kind of Miranda K. Ball, Deceased, v. Hamilton County Emergency Medical Services

This civil action was filed by Michelle Ball ("Ms Ball") against Hamilton County Emergency Medical Services ("HCEMS") and others, seeking damages for the wrongful death of Ms. Ball's 16-month-old daughter, Miranda K. Ball ("Miranda"). The suit against HCEMS brought into play the provision of the Govermental Tort Liability Act. Following a bench trial, the court dismissed the complaint as to HCEMS, finding that HCEMS did not have a duty to transport Miranda to the hospital in the face of her mother's decision at the child's condition was not such as to require a trip to the hospital. The court further fond that HCEMS' emergency medical technicians ("the EMTS") did not violate their standard of care by failing to advise Ms. Ball that croup could be life-threatening under certain circumstances. Ms. Ball appealed, raising issues that present the following questions for our determination: