Going to the emergency room is not only stressful but can also be a painful and frightening ordeal. You or a loved one need help and rely on the doctors and nurses trained to handle severe situations. On some occasions, however, doctors or staff fail patients and ultimately create further harm by deviating from the standard procedure or being negligent in their treatment.
If you think an emergency room error has negatively impacted you or a loved one, immediately contact a skilled and experienced medical malpractice lawyer. An error in these circumstances can lead to severe complications and expenses, including additional medical treatments and lost wages during extended recovery.
In this post, we discuss important information to answer whether or not you can sue a hospital for emergency room malpractice.
Emergency Room Errors That Lead To Injury
An emergency room error refers to a mistake or oversight that occurs during the provision of medical care in an emergency department, leading to potential harm or negative outcomes for the patient. These errors fall under the category of medical malpractice and can occur due to various factors, including miscommunication, system failures, inadequate training, fatigue, or negligence.
Common types of emergency room errors include:
- Misdiagnosis: This occurs when a healthcare provider fails to accurately diagnose the patient's condition, leading to incorrect treatment or delayed treatment of the actual problem. Misdiagnosis can result in serious complications or worsening of the patient's condition.
- Medication errors: These errors involve mistakes in prescribing, administering, or monitoring medications in the emergency room. Examples include giving the wrong medication, incorrect dosage, drug interactions, or administration errors such as IV infiltration.
- Delayed treatment: This occurs when there is a delay in providing appropriate medical care to the patient, either due to overcrowding, understaffing, or failure to prioritize patients based on the severity of their condition. Delayed treatment can exacerbate medical issues and increase the risk of complications.
These common errors are only a small sample of what can happen. Learn more about common emergency room errors here.
Knowing When To Sue the Hospital or the Medical Professional
With cases like this, it is essential to distinguish whether or not you should bring an emergency room malpractice claim against the medical professional or the hospital where you were treated. According to Nolo, The Legal Encyclopedia, knowing whether or not you can sue a hospital depends entirely on who treated your injury. "Hospitals can be on the hook for negligent care provided by employees like nurses and medical technicians, but they're usually not responsible for a doctor's malpractice."
Your medical malpractice attorney will play a crucial role in determining who was at fault in your case, leading you in the right direction for who your claim should come against. They will meticulously analyze the specifics of your situation, gather the necessary evidence, and ensure that the responsible party is held accountable for their actions, empowering you in the process.
Recoverable Damages For An Emergency Room Injury
Determining when a hospital or health care provider’s mistake rose to the level of malpractice is difficult. An experienced California medical malpractice attorney from our firm can review your case and discuss whether you may have grounds to bring legal action against the medical professional or the hospital involved. If you do, we can help you fight for compensation to cover:
- Past and future medical bills
- Lost income and future wages
- Pain and suffering
- Other economic and non-economic losses
With our experienced California medical malpractice attorneys, you can confidently pursue justice, knowing we are dedicated to helping you secure compensation for all your economic and non-economic losses.
Discuss Your Case With Expert California Emergency Room Injury Attorneys
If you or someone you love suffered harm to what you believe were errors committed during time in the emergency department, our medical malpractice attorneys at Bostwick & Peterson, LLP, are available to discuss your potential case and how we may be able to help. We hold the record for the largest medical malpractice recovery in California history involving a medication error for an infant, reaching a 17-million-dollar settlement.
Contact our experienced California attorneys today to determine which direction your case needs to go. Our team, committed to helping you along your path to justice, looks forward to providing the support and understanding you need.
