Featured News 2016 Malpractice in the Emergency Room Setting

Malpractice in the Emergency Room Setting

Most doctors would agree that emergency rooms are chaotic, and the emergency room physician has one of the most challenging jobs in medicine.

Because the emergency doctor does not know the patient well or have a comprehensive understanding of their medical history, the emergency room physician may be afforded more leeway than if he or she had been treating the patient for years.

Still, an ER doctor's leeway is limited, and the ER doctor or hospital can still be held liable if a patient is harmed due to substandard medical care.

Was there a doctor-patient relationship?

For you to have a valid medical malpractice case, you will need to prove that 1) there was a doctor-patient relationship, 2) the treatment you received in the emergency room involved a substandard level of care (negligence), and 3) you were harmed as a result of that negligence.

It is not usually difficult to establish the existence of a doctor-patient relationship. If the ER doctor examined or treated you, it is presumed that a doctor-patient relationship existed.

Given that it was a visit to the ER, you need not prove that you continued a patient-doctor relationship since that is not the nature of a relationship with an ER doctor.

Some examples of medical malpractice in the emergency room include:

  • Surgical errors
  • Failing to treat a medical emergency in a timely fashion
  • Giving a patient the wrong medication or a medication overdose
  • Misdiagnosing a serious medical condition
  • Failing to perform the correct procedure
  • Not obtaining the patient's consent to perform a procedure when consent was possible

Who is liable for medical malpractice? Generally, it is the doctors themselves, and the hospital is held liable for any mistakes made on behalf of their nurses or staff. In the ER situation however, hospitals are often on the hook for an ER doctor's mistakes because the patient visits the ER, not any one doctor specifically.

If you were injured in an emergency room, contact a medical malpractice attorney to file a claim!

Related News:

Pharmaceutical Errors: Is Your Doctor Prescribing the Right Medication?

According to the United States Food and Drug Administration, errors in medication are an unfortunate circumstance in the professional medical field, with mistakes commonly made by physicians and ...
Read More »

Meningitis Outbreak Linked to Medical Mistake

Meningitis is a dangerous and even fatal illness that affects the lining of the brain and the spinal cord by causing them to swell. The Mayo Clinic says that the meningitis causes membranes to become ...
Read More »

Lack of Oversight on U.S. Nurses: How it Affects Our Hospitals.

Many cases throughout the United States that are reported on for medical malpractice often only involve the negligence or reckless actions of a medical doctor. Rarely do the accusations, or published ...
Read More »