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Can You Sue For Emergency Room Malpractice?

Posted on 04/19/21 by admin in Medical Malpractice

Medical malpractice is a very scary situation and can cause life-long injuries. It’s a very serious issue where a medical or health care professional is negligent and fails to follow the safety standards in their profession. Medical malpractice causes injuries that range in severity, however every circumstance is serious. A medical error can also happen in a wide range of places but what happens if you or a loved one experiences emergency room malpractice? 

With an emergency room or ER, you more than likely don’t or didn’t have time to research a good location and doctor. In these cases, getting to the hospital is an emergency. You may not be thinking that a medical error can happen but accidents can occur. This blog is not meant to scare you away from the emergency room or any doctor for that matter, however we want to make you aware of what you could do after an emergency room malpractice if it does or did happen. First think about what kind of injuries you may have incurred. 

Most Common Emergency Room Malpractice Injuries

Many hospitals and emergency rooms are understaffed and full of overworked doctors, which can increase the risk of medical errors. Errors such as: 

  1. Misdiagnosis
  2. Failure to diagnose internal bleeding or sepsis
  3. Medication errors
  4. Anesthesia errors
  5. Failure to order correct tests
  6. Failure to properly interpret test results
  7. Among others

With this fast paced environment such as an emergency room, accidents may happen. Typically in this scenario you are already experiencing extreme medical conditions. Adding another health issue is the last result you need. If an emergency room is negligent, there are some actions you can take to receive help. 

What To Do After Emergency Room Malpractice

A study in 2019 shows that over 85 million people in the U.S. had some sort of negative experience with doctors and see them in a negative light. Granted that number compared to the total number of U.S. citizens isn’t as much. Nonetheless, 85 million people is a lot. After any sort of medical negligence you have options that can help you out.

First remain calm. Easier said than done, right? However, the more stress comes over you when your health is already unstable, the more unstable you become. You should especially stay calm if emergency room malpractice has happened to a loved one for the same reasons. It may be better to prevent further health complications. Sometimes the health problem from the medical negligence doesn’t appear right away and happens later after a hospital visit.

If it doesn’t happen immediately but you notice any abnormalities, go to a hospital. I know it seems counterintuitive but you need to seek medical treatment. If you can, go to a different hospital than the one you believe the emergency room malpractice happened. Not every doctor is the same, therefore not every doctor will fail. They are trained professionals who work hard at their jobs. Your health is important so don’t risk not getting medical help if you think you have a health issue. Know also that some irregular health issues that happen after a hospital visit may just be a symptom and only happen for a short period of time but is normal. Gauge your health issue to what is best for you. However if it’s due to medical malpractice, contact a medical malpractice attorney so they can explain the issue and you can find out your options.

Can You File a Medical Malpractice Lawsuit For Emergency Room Errors?

Doctors working in the emergency department often think they have more immunity from liability than other doctors in “non-emergency” hospitals. This is because it’s known that their jobs are sometimes abnormally fast-paced. However, it does not mean that emergency room doctors are completely immune from liability. You can still sue them for emergency room malpractice when serious mistakes lead to injuries and damages. 

All medical malpractice issues need to have proof that there was negligence. Therefore, you’ll need to prove that the ER doctor had a responsibility to take care of you. To put it simply, a doctor-patient relationship. Another piece of evidence you need is that the ER doctor’s actions or decisions were careless and could’ve been prevented. Finally, there should be proof that you were hurt and suffered damages because of the doctor’s negligence. These three pieces should bring a positive result for you and a medical malpractice case. How do you start a medical malpractice case? 

Contact a Medical Malpractice Attorney ASAP

The reason why we say contact an attorney as soon as possible is because of statue of limitations. The deadline is different for every situation, so you don’t want to miss the window to have a chance at legal justice. Therefore, the sooner you talk to an emergency room malpractice lawyer the better. Medical malpractice is very serious and you don’t have to face it alone. It’s very difficult to handle these types of lawsuits on your own and you may never get back what you are entitled to without legal help. Moreover, you never know until you ask, so ask today: (202) 933-1918.