People go to doctors and other health care providers because they believe they will receive the upmost care. When the individual instead is maltreated by a negligent doctor, the results can be traumatizing. If you have been the victim of medical malpractice, you may be able to pursue legal action. However, your case may become more complex if you have reason to believe that you were mistreated by an emergency room staff member.

In most states, first responders are protected from medical malpractice lawsuits. This includes ambulance crews, firefighters, paramedics, and other emergency medical technicians. However, even with statutes in place, first responders are not always protected from malpractice lawsuits. While every state has different laws and statutes intact, first responders that act recklessly or blatantly negligent could be liable for malpractice. In this situation, the first responder's employer will most likely be the party that is held liable for medical malpractice.

While this protection is provided for first responders, it does not apply to the other medical staff that works in the emergency room. In filing a medical malpractice claim, the patient must be able to prove that a different doctor would have not made the mistake given the same circumstances. Since an emergency room setting does not allow for the time and care that a normal medical care facility would, the mistake that is made must be rather serious.

All 50 states implement the Good Samaritan Rule, which outlines that people are not legally obligated to help others that are in trouble. If they do choose to help, however, they must do so in a way that does not put the other person that they are trying to help in danger. The Good Samaritan rule does not apply to medical staff, unless they happen to be near the accident at the time the emergency occurs, and are off-duty.

Get an Experienced Attorney on Your Side!

Proving that you were the victim of medical malpractice can be a very difficult task, because you must be able to provide clear evidence that your health care provider acted negligently. If you believe that you or a loved one was the victim of medical malpractice in the emergency room, do not hesitate to contact a medical malpractice lawyer today!