10 Things You Should Know About Emergency Room Malpractice
By definition, no one plans a trip to the emergency room. You visit the ER when you’re too ill or injured to wait for an appointment with your regular physician. You trust the medical team to diagnose your symptoms and provide prompt and proper care. You don’t expect to end up in worse condition because of a medical mistake. If that happens, you may have grounds for a malpractice lawsuit. Here are the answers to 10 important questions about ER malpractice.
Can first responders be sued for emergency room malpractice?
First responders are the ambulance crews, firefighters and emergency medical technicians (EMTs) who typically respond to medical emergencies. In most instances, the law protects these individuals from malpractice lawsuits. However, there are exceptions for first responders who behave recklessly and cause a patient to suffer harm.
What are the malpractice rules for ER doctors, nurses and other medical providers?
Emergency room medical personnel are subject to the same malpractice rules that apply to medical providers in other settings. However, in the ER, liability usually rests with the hospital rather than the individual physician.
How do I prove ER malpractice?
To prove negligence, a patient must show that a similarly-qualified doctor would have acted differently under similar circumstances. Due to the frenzied pace of many emergency rooms, the standard of care may differ from the standard used in other situations.
Can a patient sue the hospital if an ER doctor commits malpractice?
In non-emergency situations, hospitals are only liable for the actions of doctors who are direct hospital employees. However, Illinois malpractice law is tricky when it comes to emergency room treatment. Most patients do not know whether a doctor is a hospital employee rather than an independent contractor. In those cases, the hospital may be liable for the malpractice regardless of the doctor’s employment status.
Does the “Good Samaritan” rule apply to doctors?
In Illinois, off-duty medical professionals who provide emergency treatment are usually protected by the Good Samaritan statute (745 ILCS 49/25). This is true as long as the doctor acted responsibly and did not charge the patient a fee.
What if an emergency room refuses to treat a patient?
Under the federal Emergency Medical Treatment and Active Labor Act (EMTALA), emergency room personnel cannot turn patients away. This applies to every hospital that receives Medicare funding, regardless of a patient’s ability to pay. Emergency room staff must conduct a medical screening and stabilize the person to the best of their ability. If they don’t comply, the hospital may be found guilty of malpractice.
What is the most common form of ER malpractice?
Misdiagnosis is the most prevalent type of ER malpractice. This is mainly because doctors and nurses work with high patient volumes and accelerated time pressure. Commonly misdiagnosed illnesses include heart attack, stroke, pulmonary embolism meningitis and, in children, appendicitis.
What are some other examples of ER malpractice?
In addition to misdiagnosis, other common ER mistakes include:
- Setting a bone incorrectly, or mistaking a broken bone for a sprain
- Delaying treatment of a serious or life-threatening condition
- Releasing a patient who should have been admitted
- Misinterpreting x-rays or lab results
- Prescribing the wrong medication, or failing to prescribe the necessary medication
What kind of compensation can I expect in an ER malpractice case?
Compensatory damages vary according to each individual situation. If you prove an ER medical practitioner committed malpractice, you will likely receive economic and non-economic damages. Economic damages include direct costs such as medical expenses and lost wages. Non-economic damages include compensation for the pain and suffering you and your family members endured because of the malpractice.
Do I need an attorney to file a medical malpractice lawsuit?
While plaintiffs are legally allowed to file their own claims, it is not recommended. This is because malpractice cases are extremely complex. Plaintiffs must meet strict deadlines in addition to submitting numerous forms, obtaining extensive medical records and securing expert witnesses. Therefore, those who hire qualified malpractice attorneys have significantly better outcomes than those who represent themselves.
ER malpractice law is complicated, but finding the right lawyer is simple.
Call 1-800-MALPRACTICE today for a free, no-obligation consultation.
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