Going to the emergency room is notably different than visiting your general practitioner or medical specialist. Due to their chaotic environment, emergency room professionals are held to a different standard of care than regular doctors and nurses. Nevertheless, medical professionals are allowed to harm you.
If you are hurt while receiving medical care, even by a mistake in the emergency room, you may have grounds for a medical malpractice lawsuit. At Spohrer Dodd, we can help you file a claim.
Exploring the Standard of Care
In all personal injury or “tort” law, negligence occurs when a standard of care is violated. In health care, the standard of care is defined by professional competence. This means that a medical professional violates their standard of care if and only if another individual in their field would have handled the situation more successfully under the same circumstances. Emergency rooms are notoriously stressful and chaotic spaces, so it may be difficult to prove that your ER provider committed an unreasonable error.
Almost all ER lawsuits require expert testimony, which means you must find an unbiased doctor who can point out your provider’s negligence.
At Spohrer Dodd, we have an in-house medical doctor who can help evaluate your claim.
Common Emergency Room Mistakes
If an ER professional fails to diagnose you at the time of your visit but recommends you see a specialist, you may not be able to hold them liable for any injuries or illnesses you exhibit or develop thereafter. Conversely, if your doctor botched your visit entirely or caused you direct harm, you may be able to file a claim against them.
You can find some of the most common litigious emergency room errors below:
- Failure to perform a thorough physical examination
- Failure to consider a patient’s medical history
- Failure to identify life-threatening ailments
- Failure to rule out life-threatening conditions
- Failure to (fully) treat a patient
- Failure to recommend specialists
- Improper monitoring
- Delayed care
- Hasty conclusions and treatments
- Laboratory errors
- Medication or dosage errors
- Surgical errors
- Contaminated blood transfusions
If you’ve experienced any of the mistakes above, our firm may be able to help you file a lawsuit.
According to Healthcare Finance, problems with information processing account for 45% of emergency room errors. Unlike other treatment options, ER visits take consumerism out of the healthcare process. Patients are not allowed to choose their doctors and may be unable to communicate their concerns due to the fast, frantic pace of the environment. Additionally, burnt-out, stressed-out doctors and nurses may be unable to process the information given to them by ER staff and patients alike.
While this is no excuse for harmful medical errors, it does help explain the lower standard of care in ERs. If you are treated in an emergency room, you may want to visit your regular physician, just in case.
If the doctor finds a noticeable error, your subsequent evaluation may also come into play during your lawsuit. Discuss your case with our attorneys to find out what is admissible as evidence.
Consequences of ER Errors
If you are displeased with the care you receive at the emergency room, you may not file a lawsuit. In the event that you are injured or lose a loved one, however, our attorneys can help you pursue compensation.
Damages from a medical malpractice claim may help you afford corrective treatment and account for all losses associated with the injury you or your family member sustained at the ER.
Frequent ER injuries include:
- Cardiac damage from undiagnosed heart problems
- Paralysis from an overlooked stroke or spinal cord injury
- Adverse drug events
- Complications from life-threatening injuries or illnesses
Claim Your Free Case Evaluation Today
Convincing emergency room error cases are based on egregious mistakes and consequences. If you have a strong case, we will be able to get started during a free initial consultation. As soon as our legal team identifies the strengths and weaknesses of your claim, we can put our 150 years of collective experience to work on your behalf.
We have recovered over $1 billion for our clients and we are dedicated to helping you obtain every cent of compensation you are owed. Don’t let emergency room doctors get away with negligent care.
Call (904) 637-7721 today to schedule your free consultation at our Jacksonville office.