Who Is Liable for Emergency Room Errors?

After a serious injury, many head to the nearest emergency room. Emergency departments triage patients to treat and stabilize their medical conditions. The hospital can admit you for additional care or send you home. ER doctors have training to quickly diagnose and treat patients, but doctors can make mistakes.

Emergency room errors can cause life-threatening injuries or even deaths. An ER doctor who makes a serious mistake is liable for the harm you suffer and any financial losses that come from it. For legal advice about proving liability for emergency room errors, talk to a local medical malpractice lawyer.

Common Types of Emergency Room Errors

Emergency rooms address all types of medical conditions and illnesses. The ER is the first line of contact for many patients, and there can be many types of medical errors. Common emergency room errors include:

• Delayed diagnosis
• Diagnostic errors
• Misdiagnosis
• Accidental or wrongful discharge
• Wrong medication errors
• Hospital-acquired infections
• Handoff and miscommunication errors
• Failure to provide follow-up care

Doctors diagnose based on a patient’s condition, medical history, exams, and test results. An incorrect diagnosis leads to incorrect and unnecessary treatment.

A patient can have symptoms that mimic other health issues, including strokes, heart attacks, and brain injuries. If the doctor isn’t sure about their diagnosis, they can request additional tests, examinations, or ask for a second opinion.

Legal Criteria for Proving Liability

Medical malpractice lawsuits are a type of personal injury claim. To win your case, you have to show the doctor or health care provider was negligent in causing your injuries. You can prove medical negligence by showing the following:

• The emergency room doctor owed you a duty of care under the doctor-patient relationship
• The ER doctor breached their duty by failing to follow medical standards of care
• The doctor’s actions caused your injuries
• You suffered harm as a result of the ER doctor’s negligence

Most emergency room error cases require an expert to prove liability. Medical experts have similar education, training, and experience as the ER doctors in your case. They understand the standard of care and what a reasonable doctor would do in similar circumstances. Medical experts can explain medical standards to the jury and help prove the doctor is liable for your injuries.

Roles of Health Care Providers and Hospitals

Emergency room malpractice lawsuits can involve multiple defendants. More than one health care professional may be liable for your injuries, including:

• Emergency room doctors
• Nurses
• Anesthesiologists
• Paramedics and EMTs
• Hospitals
• Medical staff

Hospitals and medical groups are liable for their employees’ negligence. If emergency room staff cause your injuries, the hospital is responsible. Hospitals are in charge of hiring and supervising employees.

Types of Evidence Needed for ER Malpractice

To show the jury that an ER doctor is responsible for causing your injuries, you need evidence. Evidence includes hospital and medical records. Evidence also includes statements from medical professionals who witnessed the emergency medical treatment.

Other evidence can prove your damages after the injury. Later examinations show evidence of the injuries caused by the ER error and the extent of the damage. You can use pay stubs and tax documents to show how you lost income because of your injuries.

Filing a Medical Malpractice Claim for Emergency Room Errors

Medical malpractice cases begin with filing a civil lawsuit in court. Your complaint lays out the basis for your claim, the person responsible, and what you want in damages. Defendants have a chance to respond by filing the answer. This starts the legal process for a medical malpractice lawsuit.

In some states, injury victims need a medical expert to verify their complaints. Medical experts review your medical records and certify if your claim has merit. Ask your lawyer whether your state requires an affidavit of merit to file a malpractice lawsuit.

After the legal pleadings, the parties exchange information in the discovery process. Discovery includes depositions, requests for documents, and demands for evidence. After exchanging discovery, the case can proceed to trial.

Like most personal injury cases, most medical malpractice lawsuits settle before reaching a jury. Your lawyer can negotiate with the insurance companies to get a fair settlement.

Potential Compensation for Emergency Room Mistakes

Damages in a medical malpractice lawsuit try to compensate you for your losses. Common malpractice damages include:

• Medical bills
• Future medical treatment
• Lost income
• Loss of earning potential
• Pain and suffering
• Loss of enjoyment in life

Compensation for emergency room negligence can depend on many factors. For example, a minor infection may take you out of work for a few days and require follow-up medical care. Compensation for lost income and medical bills could come to a few thousand dollars.

As another example, a serious birth injury can cause permanent brain damage for a young child, who may need continuing medical care for the rest of their life. Damages for this type of emergency care malpractice case could be $1 million.

Find a Qualified Lawyer for Emergency Room Errors

Victims of medical malpractice have a difficult time after a traumatic injury. However, going through with a medical malpractice case can help you get compensation and closure. Holding the negligent doctor accountable can also help other families avoid the pain of an ER error.

A qualified emergency room malpractice lawyer can help you through the legal process. Your lawyer can file your case and negotiate compensation with the insurance companies.