Most Americans will visit the emergency room (ER) at least once in their lives. ERs are designed to provide assistance for a variety of injuries, from cuts and bruises to gunshot wounds. If the staff at the emergency room fail to correctly diagnose or perform emergency room procedures, it could lead to lifelong disabilities or even the death of patients.
Medical professionals can be sued for their mistakes in the ER, and it’s important for patients to be aware of their rights in such a situation. An experienced emergency room error attorney is central to navigating your case, as they are notoriously difficult to win.
What’s Considered an Emergency Room Error?
In medicine, a doctor’s (or other medical professional’s) actions can be considered erroneous based on the “standard of care.” This legal concept basically says that a medical professional has to act in the manner a reasonable person with their qualifications would in a similar situation. Failing to do so is considered negligence and can result in them being sued for malpractice.
Types of emergency room errors:
- Delayed treatment
- Misdiagnosis
- Errors in performing a procedure
How Can Victims Seek Justice?
An ER is a very stressful environment and those who work there are required to make decisions quickly, which can result in mistakes. However, if their behavior is grossly negligent or they make mistakes that others in their position wouldn’t, they can be held liable.
It is important to note that hospitals funded by Medicaid cannot refuse to treat patients, even if they can’t afford to pay for it.
Here’s what you can do if you suspect an emergency room error:
Get a Second Opinion
First, get another qualified doctor to assess your injuries. This is crucial, firstly, to treat your injuries and make sure you get the right medication or procedure and, secondly, to establish that the emergency room doctor acted negligently. Consulting a doctor with an established reputation ensures that your health problems are correctly diagnosed and treated.
When an ER doctor fails to diagnose a problem correctly, it can lead to a variety of problems, like lost time, unnecessary pain for the patient, long-term disability or even death in the worst case. That’s why victims are entitled to compensation.
Document Everything
You should keep all the documents related to your ER visit – the bills, the diagnostic results, and prescriptions. This is proof of the doctor’s actions and serves as evidence for your claim. Keep careful records of the second opinion you received as well, including any details of procedures performed and ensure your attorney has access to them.
Contrasting the procedures followed and response of the doctors is important to proving you have a case.
Find an Attorney
Medical malpractice claims related to emergency room errors can be very difficult to prove, which is why you should hire a good attorney with experience. This ensures that the lawyer is aware of how the law works with ER cases, and they know which strategies work in court. A lawyer will also have access to expert witnesses, which will be another doctor or medical professional, who can attest to the correctness of the actions of the ER doctor.
File a Complaint
Finally, file a claim against those responsible for the emergency room error. An attorney can help you do this, which will ultimately end with a compensation that covers additional costs you had to incur, including medical bills, lost wages, and compensation for the pain you’ve undergone.
It is crucial for victims of emergency room errors to understand that very few of these cases win in court. A vast majority of them are dropped by plaintiffs and can be very difficult to prove. This is because the standard of care used under normal circumstances is very different from that of an emergency room.
