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You went to the hospital in a time of crisis, after an accident, or during an acute medical emergency. You deserved adequate and careful treatment. However, that is not what you received. Now you are wondering if you can take legal action against the doctor or hospital. If you suffered a serious injury, illness, or required prolonged hospitalization because of emergency room negligence, we can help.
Starting a lawsuit for emergency room medical errors can be scary, but if you or a loved one has been hurt by such negligence, you deserve compensation. Talk to a DC medical malpractice lawyer to understand your rights and get the help you need. Call today for a free consultation.
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The Regan Zambri Long medical malpractice lawyers are nationally recognized and highly respected in personal injury law. Over the years, our attorneys have secured millions of dollars for our clients, and we are committed to achieving the same results for you. In one notable case, we obtained an $11 million medical malpractice settlement against a health maintenance organization. The organization failed to perform a pregnancy test on a patient before heart surgery, resulting in a stroke during the procedure that left her severely disabled. The $11 million settlement will help cover our client’s medical expenses and compensate for her lost earning capacity.
Most emergency rooms are busy, hectic places. Patients of any age, with virtually any type of illness or injury can come in, from an adult car accident victim to a child who is complaining of stomach pain.
In addition to the inherent chaos in an ER, some staff may be overworked or not have the proper emergency medicine training. According to the Centers for Disease Control and Prevention, there were 130 million visits to emergency departments across the United States in 2018. The percentage of visits that resulted in a patient being seen by a medical professional for less than 15 minutes is 43.5%. With medical professionals spending so little time with patients, it is not surprising that medical errors can occur.
Some examples of emergency room negligence include:
A failure to diagnose may occur when patients who complain of an injury or have symptoms of an underlying illness are told that “nothing is wrong” with them. They are sent home to rest or advised to follow up with their regular doctor if their symptoms persist, but many choose not to do so. As a result, life-saving treatment may be delayed or even completely overlooked.
A serious medical condition is not diagnosed, either because a medical test isn’t ordered or the results aren’t available before the patient is discharged. The proper diagnosis is only given at a later appointment. If the delay resulted in a worsened condition that could have been avoided, you may have cause for legal action.
A patient’s vitals aren’t monitored closely enough or maybe even not at all. Or, a nurse may fail to act on an abnormal pulse, blood pressure, or oxygen saturation reading. For example, if a patient is known to be a “fall risk” is not carefully monitored and suffers a serious slip and fall when trying to go to the bathroom, the emergency room may be liable.
Several types of medication mistakes can occur in the ER. When a complete patient history isn’t recorded, drug-drug, drug-condition, and drug-food interactions can happen. A patient may also be given the wrong drug, the wrong dose, or a drug that they are allergic to.
Several surgical errors can occur during an emergency operation. There may be inadequate cleaning of the surgical site, an instrument or bandage can be left inside of the body, healthy tissue can be accidentally nicked, and even the wrong procedure can be performed.
A patient may be moved to a medical/surgical wing when they really need to be in the ICU. Or, they may even be sent directly home before they are well. A hasty discharge can cause a condition or illness to worsen. In fact, almost 20% of Medicare patients who are discharged will be readmitted within 30 days. This is a serious issue for people who live alone and may not have anyone to assist them if they fall, have a seizure, lose consciousness, or experience another type of medical event.
Many of these types of errors will lead to serious or lifelong complications for the patient, and can even result in death.
In short, yes you can file a claim for damages for emergency room errors. However, the process and details of filing a claim can be tricky, with rules varying from state to state.
We are going to talk about whom the burden of proof falls upon in an emergency room error case later in this article. First, we will cover the why and how of filing a claim for compensation for injuries due to medical negligence in the ER. If you have more questions, the experienced lawyers at Regan Zambri Long offer a free cause evaluation where we will answer all your questions surrounding your particular case.
The point of emergency room error claims is to recover damages for your losses. Damages come in the form of monetary compensation to the harmed individual. In an emergency room negligence case, there are three types of damages you may pursue:
During your free consultation, your emergency room malpractice lawyer will advise you on each jurisdiction’s regulations regarding filing a claim against the medical professionals who caused harm. Here are some medical malpractice regulations to be aware of in each jurisdiction:
Who can be liable for an emergency room error can depend on the situation and local laws. Several parties that may be held responsible, include:
Talk to the medical malpractice attorneys at Regan Zambri Long to discuss your emergency room negligence claim today.
In emergency room malpractice cases, the burden of proof lies with the injured emergency patient. That means it’s up to you and your emergency room malpractice attorney to prove the level of care you received in the ER fell below the standard of care and that the medical treatment by the health care providers was the direct cause of your illness or injuries.
How do you do this? The key to a medical malpractice claim, and any other personal injury claim, is negligence. Negligence is the failure to take proper care in doing something. Proving a successful malpractice case requires your emergency room negligence attorney to establish these specific legal elements:
When entering a doctor-patient relationship, you are owed a duty of care. The first step of your claim is to prove you and the emergency room doctor had an official doctor-patient relationship.
Medical negligence is a breach of this duty of care. It happens when the emergency room doctor does not provide a reasonable level of care that another physician would have under similar circumstances.
Next, you must prove the doctor’s breach of duty was the direct cause of your injury or illness. This step requires your attorney to conduct a thorough investigation. Your legal team will review medical records, treatment plans, medications, and emergency room logs. They may hire expert witnesses, medical consultants, and other legal experts during the investigation.
The final element to establish is the damages you incurred due to the doctor’s medical negligence. Your emergency room malpractice lawyer must show that you were physically and financially impacted due to medical negligence from the emergency room doctors.
A qualified attorney can act as your legal advocate and guide during this process. While you focus on your recovery, your lawyer will handle the investigation. At Regan Zambri Long, our expert medical malpractice attorneys work around the clock, building compelling cases where we establish a clear connection between the healthcare provider’s negligence and our patient’s injuries. Our legal strategies have led to millions of dollars recovered for the injured patient.
Vicarious liability is a legal theory that uses the doctrine of respondeat superior (Latin for “let the master answer”). Under the principle of respondeat superior, employers can be held liable for the negligence of their employees while they’re on the job. This includes medical malpractice lawsuits. A hospital can be held accountable for the actions of its emergency room doctors if the injury to the patient occurred within work hours, resulted from their medical treatment (i.e., surgery or childbirth), and benefited the hospital.
The criteria for vicarious liability vary state by state. To determine if it applies to your claim for compensation, consult with your emergency room malpractice attorney.
Going up against the insurance company of a powerful doctor or large hospital emergency department is intimidating. When you’re dealing with debilitating injuries, physical pain, and unexpected financial burdens, pursuing a medical negligence claim can be paralyzing.
The emergency room error attorneys at Regan Zambri Long will serve as your legal advocate and champion for justice. Our team of lawyers will handle the legal paperwork and filing, making sure your compensation claim is submitted correctly and on time.
We’ll conduct an independent investigation, gathering evidence like medical records and expert opinions to build a strong case. Finally, we will fight for the compensation you and your family deserve. We have a proven track record of success in holding negligent emergency room staff accountable.
Call today for a free, no-obligation case evaluation to discuss your case and get the process started.
