Emergency rooms are fast-paced environments designed to address urgent medical needs. However, even in these critical situations, mistakes can occur. When these mistakes fall below the standard of care, you may have grounds for an emergency room malpractice lawsuit.
ER Doctors, Nurses, & Staff Owe Patients a Duty of Care
The foundation of a medical malpractice lawsuit is the concept of a "duty of care." This legal principle establishes that medical professionals have an obligation to provide their patients with a standard of care that meets the prevailing practices within their field.
In an emergency room setting, this means doctors, nurses, and other staff members must act with the skill and knowledge expected of a reasonably competent emergency physician or staff member under similar circumstances.
This duty of care encompasses several key aspects, including but not limited to the following:
- Proper diagnosis. ER personnel must take a thorough medical history, conduct a comprehensive examination, and order appropriate diagnostic tests to reach an accurate diagnosis.
- Offering treatment based on diagnosis. Once a diagnosis is established, the ER staff must provide treatment that aligns with established medical practices for that condition.
- Communication with the patient. Clear communication is crucial. Patients have the right to understand their condition, treatment options, and potential risks.
- Referral to specialists. In some cases, an ER doctor may not be equipped to handle a specific situation. When necessary, the ER staff has a duty to refer patients to appropriate specialists for further care.
Examples of Emergency Room Malpractice
Emergency room malpractice can take many forms. In addition to lack of informed consent and improper diagnosis, ER malpractice can include the following:
- Failure to stabilize a patient. The primary goal of an ER visit is to stabilize the patient's condition before further treatment. Failure to do so can be a form of malpractice. However, this failure has to be due to some form of negligence. If doctors did try and act with reasonable care in treating the patient, that would not be negligent. But consider this: Joe, a 55-year-old man with a history of hypertension and high cholesterol, goes to the ER complaining of chest pain that extends down his left arm, shortness of breath, and sweating. The intake administrator, despite John's description of classic symptoms for a potential heart attack, mistakenly assigns him a low acuity level based solely on his reported pain being a "7 out of 10." They don’t even ask about his medical history. Due to the triage error, John waits for a significant amount of time before being seen by a doctor and experiences cardiac arrest. If the doctors do not stabilize Joe with resuscitation efforts, the intake administrative could be sued and considered negligent.
- Discharge with inadequate instructions. If a patient is discharged without clear instructions on follow-up care or medication, it can lead to further complications.
- Medication errors. Prescribing the wrong medication, administering an incorrect dosage, or failing to consider allergies can have severe repercussions. Barbara, a 72-year-old woman with a documented penicillin allergy, visited the emergency room complaining of chest pain. During triage, she verbally informed the admitting nurse of her allergy. However, due to a hectic environment and the nurse's failure to consult Barbara's medical records, this information was not properly documented. Later, a physician, relying solely on the incomplete chart, prescribed amoxicillin, a penicillin derivative. Barbara suffered a severe allergic reaction after receiving the medication, resulting in anaphylactic shock. This incident could be a basis for a medical malpractice lawsuit due to the emergency room staff's negligence in failing to follow proper protocol for allergy identification and medication administration.
- Procedural errors. Doctors and nurses should take steps to make sure they are following hygienic practices and keeping their hands and medical tools clean. They should also follow protocol when inserting chest tubes or making incisions.
Why Negligence Occurs in the ER
While emergency rooms are designed to be efficient, the fast-paced and high-pressure environment can sometimes contribute to negligence. Some common contributing factors include:
- Staff shortages. ERs are often understaffed, leading to overworked and stressed personnel who may struggle to provide the level of care each patient deserves.
- Poor communication. Clear communication between staff members and with the patient is vital. Miscommunication can lead to errors in diagnosis or treatment.
- Lack of proper equipment. ERs may not have access to all the specialized equipment needed for every situation, which can hinder proper diagnosis and treatment.
- Patient overload. During high-volume periods, wait times can increase, and ER staff may be rushed, potentially compromising the quality of care.
- Poorly designed hospital policies. Sometimes, a lack of organization or improper hospital protocols can lead to medical negligence.
- Carelessness. Sometimes, staff just act recklessly.
Who Can Be Liable for Emergency Room Malpractice?
Depending on the specifics of the case, one or more parties may be held liable for emergency room malpractice:
- The doctor directly responsible for your care
- ER nurses, nursing assistants, and orderlies
- Intake and discharge administrators
- Pharmacists
- Testing laboratories
- The hospital
How to Prove an Emergency Room Malpractice Case
To pursue such a case, you will need to do the following:
- Establish a duty of care. You will need to prove that the liable party owed you a duty of care. In cases where you are seeking treatment, doctors, nurses, and other staff give their assent when they assist you.
- Establish medical negligence. You will need to prove that the liable party acted negligently and in such a way that another medical professional would not have acted.
- Prove you suffered harm and damages. Evidence will be needed to demonstrate that the negligent care resulted in injuries or worsened your condition, and you will need to show medical expenses, lost wages, and other damages incurred due to the malpractice.
Take Legal Action If You Were Not Properly Treated in the ER
Emergency room malpractice cases can be challenging, and navigating the legal process can be overwhelming. An experienced medical malpractice attorney can be a valuable asset in pursuing compensation for your injuries.
An experienced attorney can strengthen your case by:
- Reviewing your medical records and the circumstances surrounding your ER visit to assess the potential merits of your case.
- Securing a qualified medical professional familiar with emergency room practices to establish that the care provided fell below the standard of care.
- Collecting medical records, witness statements, and other pertinent evidence to build a strong case.
- Negotiating with the hospital's insurance company to secure a fair settlement.
- Develop your trial strategy should you be unable to reach a settlement.
At Belushin Law Firm, P.C., we offer clients personalized legal solutions. We understand that each client and case is unique, so we tailor our counsel and case strategy to meet your goals and needs.
If you or a loved one suffer due to the negligence of emergency room staff, you can trust our team to help you pursue compensation. We have experience handling similar cases and are backed by over a decade of experience.
Call (888) 918-9890 to schedule a consultation today!