Medical Malpractice: How These Emergency Rooms Mistakes Can Lead to a Claim

author by Michael F. Becker on Jul. 16, 2012

Accident & Injury Medical Malpractice Accident & Injury  Personal Injury Accident & Injury  Malpractice 

Summary: Common emergency room mistakes that may be attributed to medical malpractice may involve more than one liable party, depending on when the mistake took place.

Medical malpractice lawsuits involving emergency rooms are similar to other incidents of medical mistakes. A Cleveland, Ohio medical malpractice attorney experienced in these cases will tell you that although emergency rooms can be hectic and chaotic, there still is a level of care that must be given to each and every patient. If not, a lawsuit may be brought against the liable parties.

Common Emergency Room Mistakes 

When someone is brought to the emergency room, it usually is because of necessity rather than choice. The immediacy of the medical condition requires quick and accurate intervention. Emergency room personnel know this and should be trained in handling patients under these conditions. 

There is no excuse for medical negligence, even in an emergency room. Unfortunately, mistakes do happen. Some of the more common emergency room errors seen in lawsuits involve the following: 

•    assessment errors by triage nurses;
•    a delay in treatment;
•    a failure to treat;
•    misdiagnosis;
•    medication errors;
•    anesthesia errors;
•    surgical errors; and
•    infections.

Emergency Room Malpractice Liability 

Determining who is liable in a lawsuit stemming from an emergency room mistake may go well beyond a single doctor. Normally in an emergency room setting, there are several hands involved in the treatment of a patient. From intake staff and triage nurses, to treating physicians and anesthesiologists, there can be a host of liable parties in the mistreatment of care.

Patients may hold the hospital or emergency room itself liable for damages. Negligence in cases like this may apply if the facility refused to admit a patient and resulting injuries occurred. Additionally, institutions may be liable for allowing a certain medical professional to provide care. This may stand even if the personnel in question are not directly employed by the hospital. 

For a lawsuit to be filed, the patient must prove the care received in an emergency room was negligent. This is done by upholding the treatment received to a standard level of care. 

A standard of care is expected to be maintained in all emergency rooms. It is based on what another reasonably performing medical professional would do, if faced with the same set of circumstances. If it can be shown that another course of treatment should have been used to prevent the resulting damages, then you may have a valid case for seeking compensation in a lawsuit.

Seeking Help from Cleveland, Ohio Medical Malpractice Attorney  

When emergency room mistakes are related to substandard care, you have a right to full and fair compensation. Laws regarding medical negligence are complicated and require solid evidence to prove medical negligence led to your injury. It is essential to have a knowledgeable attorney skilled in this area of the law on your side.  The Ohio medical malpractice attorneys at The Becker Law Firm have been working to protect the rights of Ohio residents for decades. We can assess your situation and help determine whether you have a case. Call us for a free initial consultation at 877-863-6219.  

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