what type of lawyer will i need for wrong treatment at at emergency room

Full Answer

Can a doctor act negligently in the ER?

Usually, records of the patient's admittance to the ER and any treatment charts are more than sufficient. A doctor acts negligently by failing to provide the quality of care that other reasonably competent doctors would have provided under similar circumstances.

Can I file a medical malpractice lawsuit for emergency room errors?

In order to win a medical malpractice case based on errors that occur in the emergency room setting, a patient must prove three basic elements: that the emergency room treatment involved negligence, and that the patient was harmed by the negligence. This requirement is generally quite simple to establish.

What to do if a doctor refuses to treat you?

Talk to a personal injury attorney if you’re injured by a doctor’s failure to treat you. If you or a loved one was wrongfully denied emergency care or kicked out of the hospital before the condition was stabilized, you have the right to seek financial compensation.

Can you sue a doctor for refusing to treat you?

The answer is…it depends. State and federal laws vary widely on the issues of medical treatment denial. If you’re considering legal action against a doctor or hospital for refusing to treat, you should consult with an experienced attorney.

How does a doctor act negligently?

A doctor acts negligently by failing to provide the quality of care that other reasonably competent doctors would have provided under similar circumstances. In a medical malpractice lawsuit, a patient must prove two things to demonstrate negligence:

When a doctor examines a patient or provides treatment in an emergency room, a doctor-patient relationship is

This requirement is generally quite simple to establish. When a doctor examines a patient or provides treatment in an emergency room, a doctor-patient relationship is generally established. A patient need not prove that a continuing doctor-patient relationship was established beyond the initial treatment, only that the relationship was in place when the alleged malpractice occurred. Usually, records of the patient's admittance to the ER and any treatment charts are more than sufficient.

How to win a medical malpractice lawsuit?

In order to win a medical malpractice lawsuit, a patient must prove that the doctor's negligence caused foreseeable harm. This harm can take many forms, including: 1 pain and suffering 2 cost of medical bills due to additional corrective treatment 3 loss of earning capacity, and 4 loss of the ability to enjoy life.

What is standard of care in the ER?

In the realm of medical malpractice, "standard of care" is a legal term that refers to the level of competence that most doctors would have conducted themselves with in similar circumstances, when treating the patient. This is where an emergency room doctor will be granted some leeway.

Can an emergency room doctor be granted leeway?

This is where an emergency room doctor will be granted some leeway. The standard of care in an emergency room will usually not be as high as the standard of care would be in a less hectic environment. For example, imagine a patient in an emergency room complains of headaches.

Is an emergency room physician considered a malpractice?

Emergency rooms can be pretty chaotic, and the position of an emergency room physician is one of the most challenging in medicine. Because of these realities, medical malpractice law may allow an emergency room physician more leeway than might be afforded to other doctors who have the luxury of time to contemplate a proper course of treatment.

Why are there mistakes in the ER?

Mistakes can't easily be fixed in the ER. Mistakes happen far too often in Maryland hospitals because the emergency patient is not treated quickly. In most emergency room malpractice cases, diagnostic errors are the primary problem.

Why are ER doctors often named in cases?

ER doctors are often named in cases because the suit is being filed too close to the statute of limitations so the plaintiffs' attorneys want to make sure that other defendants are going to blame the emergency room doctors.) Misdiagnosis cases are the most common ER mistake claims.

How much is the average settlement for an emergency room misdiagnosis?

The average settlement or verdict in emergency room malpractice misdiagnosis cases is approximately $362,000. Keep in mind these are payments made by the doctor or, more likely, the malpractice insurer.

How many claims are there for every 100,000 emergency department visits?

One medical insurer estimates that there are 3.73 claims for every 100,000 emergency department visits and that one-third of these claims will result in a settlement or verdict for the plaintiff. (ER typically pay between $10,000 and $20,000 a year for malpractice insurance.)

What stage of cancer was the plaintiff's cancer?

The plaintiff contended that if diagnosed shortly after the emergency room visit, the cancer clearly would have been a stage 1 tumor which could have been curable through surgery and perhaps some adjuvant treatment.

What happened to the decedent in the Tylenol case?

According to the family's lawsuit, the defendant discharged the decedent from the emergency room after giving her two doses of Tylenol. The decedent's roommates allegedly found her unconscious in her dormitory around noon later the same day.

What are the two types of errors that can cause fatal or severe injury?

intussusception. Pharmaceutical/Medication errors: The wrong drugs can be given because of poor handwriting, poor communication, and simple error. The wrong medication in an emergency room can cause fatal or severe injury. Surgical Errors: Surgical errors happen in all types of surgery.

We Handle Emergency Room Care Failure Cases in Portland and Throughout Oregon

The emergency room is often a chaotic scene, with many patients in various degrees of pain or illness and medical professionals trying to stabilize, diagnose, and simply keep track of all the patients. However, if you are suddenly injured or ill, you rely on this fast-paced emergency department to provide the treatment and assistance that you need.

Common Errors in Portland Emergency Rooms

Delaying proper treatment: The emergency department can be notorious for long wait times. Sometimes, you may wait hours before you are even evaluated by a doctor.

Who is Liable for ER Errors?

When an emergency room fails to provide the proper care, you may wonder: who is responsible? The answer depends on the situation and the specific mistakes that happened. For instance, emergency room nurses are generally employees of the hospital, so the hospital may be held liable for their negligent errors.

Call a Portland Emergency Room Malpractice Lawyer for Help

If you believe that you received substandard care in an emergency room and that you suffered unnecessary complications or injuries as a result, please call the Johnston Law Firm in Portland as soon as possible. We offer free consultations, so please call us at (503) 546-3167 for help today.

Free Confidential Case Evaluation

We’re conveniently located in downtown Portland, and we offer flexible hours by appointment.

For immediate legal help call: 800-392-4529

Emergency room errors can result in serious injuries or death. Sadly, many of these incidents are preventable if only emergency room personnel perform their jobs in a professional and conscientious way. Failure to treat an emergency room patient or delayed treatment are two common ways emergency rooms can injure patients.

VETERANS ADMINISTRATION MALPRACTICE CLAIMS

We also represent people who have been injured due to medical malpractice in Veterans Administration (VA) hospitals. The process for handling a VA malpractice claim is markedly different from a standard malpractice claim. Claims must be filed in federal court. There are time limits and fee limitations to consider.

What is an ER doctor?

Emergency room physicians—or ER doctors—are tasked with caring for injured individuals under extreme and often catastrophic circumstances. This requires them to diagnose and treat patients from all walks of life. To live up to this, these doctors undergo rigorous training.

Can a hospital be sued for misdiagnosis?

In addition to misdiagnosis and hospital negligence lawsuits, there is another legal basis for suing a hospital emergency department. Under the Emergency Medical Treatment & Labor Act ( EMTALA ), a hospital can be determined liable for the failure to evaluate and stabilize a patient. If the hospital cannot accomplish these things, it is required to transfer the patient to another facility that can properly treat the patient. This can happen when a hospital is not equipped or does not have the specialists to treat a certain condition.

What is the most common cause of injury in an emergency room?

Misdiagnosis is one of the major causes of patient injury in an emergency room situation. Often times, medical staff will not take the requisite time to review a patient's symptoms and test or x-ray results which can lead to an improper treatment and further the patient's injury.

What is the leading cause of patient injury in a hospital setting?

One of the leading causes of patient injury in a hospital setting results from transfer of infection during admittance or treatment. Hospital acquired infections, also called nosocomial infections, are, to an extent, unavoidable in a hospital or medical clinic.

What are the consequences of infection in a hospital setting?

Consequences of Infection in a Hospital Setting. The most dangerous issue related to hospital acquired infection is sepsis and septic shock. If a patients infection goes undiagnosed and untreated for too long, sepsis can occur, which is the body ways of fighting off infection.

What is a hospital liable for?

A hospital can be held liable if procedure, record keeping or organization (or disorganization) contribute to an undue injury to a patient. Depending on the circumstances of a particular case, the liability for the injury may fall on the hospital as a whole, an individual doctor or both.

What are patient factors?

Patient factors include the level of the patients immune system at admittance, the duration of the hospital visit and the severity of the medical condition for which they were admitted.

What are the medical facilities that are required to perform medical treatment?

Hospitals, urgent care clinics, general practice offices, radiology departments, emergency rooms, dental offices, plastic surgery centers and all other professional medical centers are required to perform medical treatment of patients without deviation from the accepted medical standard of care. As such, if a patient injury arises ...

Do emergency room visits have to be anticipated?

Unlike other times, emergency room visits are not anticipated, and patients often do not have a chance to make decisions regarding their care and treatment options. It is in the hands of the emergency room staff to make critical medical decisions, and often these decisions are made with an extreme sense of urgency.

How to avoid being a victim of negligence in an emergency room?

Taking an active role in your own care can help you avoid being a victim of negligence in a fast passed emergency room. Answer all questions honestly and be clear about any past medical care including any medications, both prescription and over-the-counter that you are taking.

What to do if you think your emergency room treatment caused you more harm than good?

If you think that your emergency room treatment actually caused you more harm than good, then you may be the victim of medical negligence and should consult with a medical malpractice attorney immediately. Taking an active role in your own care can help you avoid being a victim of negligence in a fast passed emergency room.

What is the best option for a patient to file a medical malpractice claim?

There are many variables in a medical malpractice claim. The best option for the patient is to retain a medical malpractice attorney. A good case in point is that of a Missouri teenager who went to the emergency room after a car accident. An infection was not diagnosed in time and led to permanent brain injury.

What are some examples of a patient who is not accurately diagnosing an ailment?

A good example of this would be a patient who complains of chest pain, is given antacids and then later suffers a heart attack.

What to ask a doctor after discharge?

Once discharged ask for a copy of the medical record and test results and have the attending doctor detail your treatment plan. In light of the speed a physician must operate at in a busy emergency room, one can only expect that some conditions may be overlooked or misdiagnosed.

What happens if you find yourself in an emergency room?

An emergency room tends to be overloaded with patients and understaffed. This type of stressful atmosphere can often time lead to mistakes.

Can a pathologist make a mistake?

Technicians and pathologists can make a mistake as well and pass the erroneous result to your physician. In that case the plaintiff would have to show that they were somehow negligent. Hospital emergency rooms are not usually the most ideal setting to receive healthcare.

When you are in need, do you put trust in a doctor?

It is a medical professional’s duty to provide care with the utmost responsibility and with attention to detail. They are required to act fast, under pressure and look out for a patient’s best interests. When someone does not adhere to the duties of their job, an innocent person can suffer the consequences.

What is medical malpractice?

Medical malpractice in the form of emergency room errors occurs all too often . With hospital employees understaffed and overworked, many different negligence errors can occur. These can cause injuries and illnesses that could have been prevented with proper care. Common forms of negligence occur because of the following situations:

What to do if you are denied treatment by a doctor?

If you’ve been denied treatment by a hospital or doctor, you need to know about medical malpractice and your right to seek compensation.

What laws regulate emergency treatment?

Federal Laws Regulate Emergency Treatment. Before the enactment of civil and patient’s rights laws, patients who couldn’t pay were often refused treatment or transferred (“dumped”) at public hospitals even when they were in no condition to be moved. Today, hospitals with emergency departments that qualify for Medicare are mandated by state ...

What is an emergency medical condition?

EMTALA defines an emergency medical condition as one that occurred suddenly, with symptoms such as severe pain, psychiatric disturbance, or symptoms of substance abuse, where lack of emergency care could result in: placing the health of the individual (or unborn child) in serious jeopardy.

How many people end up in the emergency room every year?

Nearly 137 million people of all ages end up at a hospital emergency room every year. ¹. Federal law requires Medicare-approved hospitals to provide emergency medical treatment to anyone who needs it, even when the person doesn’t have health insurance. Roughly 15 percent of American adults do not have health care coverage.

Where does refusal of medical treatment occur?

Refusal of medical treatment might occur in emergency rooms and urgent care clinics. Typically, soon after you arrive, a triage nurse talks to you about your symptoms, then checks your breathing, pulse, blood pressure and temperature. The triage nurse must determine how urgent your injury or illness is compared to other patients waiting to be seen.

Why can't a doctor treat a patient?

A doctor can refuse to treat a patient because: The doctor’s practice is not accepting new patients. The doctor doesn’t have a working relationship with your health insurance company. The doctor chooses not to treat patients with the illness or injury you suffer from. You can’t pay for the costs of treatment.

Does Emtala apply to South County?

At trial, South County argued that its urgent care center is not the same as a hospital emergency department, so EMTALA does not apply. South County also argued that their website clearly states the walk-in location is not for health emergencies. However, the judge ruled in favor of Patricia’s family, finding: