In emergency medicine, the failure to correctly diagnose or recognize the severity of a patient’s condition can lead to catastrophic results. This oversight can stem from various factors including overcrowded ERs, understaffing, or miscommunication among medical staff. Whatever the reason for the error, a mistake in this setting can contribute to the following:
- Worsening of the patient’s condition due to delays in treatment,
- Irreversible damage from conditions that would otherwise be manageable or treatable, and
- Increased risk of complications or death.
These outcomes not only affect the health and prognosis of patients but also lead to significant emotional and financial distress for the victims and their families.
Is there a standard of care in emergency room settings?
The law and state licensing board expect in emergency departments to adhere to a specific standard of care, despite the often chaotic environment. This standard mandates that medical personnel act with the same level of competence and diligence as their peers in similar circumstances. A failure to meet this standard can qualify as emergency room medical malpractice.
Elements that meet the standard of care in this setting often include swift and accurate assessment of incoming patients, adequate monitoring and follow-up on test results, and clear and effective communication among the medical team members. If evidence is available to establish that the medical team did not meet this standard, the patient can build a case to hold the medical providers and the hospital liable for resulting damages.
Do I have a case for emergency room malpractice?
It is important to review medical records related to the ER visit for evidence of a direct link between the negligence and the harm suffered by the patient. Examples of evidence that might support a claim can include medical records detailing the patient’s condition upon arrival, treatment administered, and the timeline of events. Testimonies from other medical professionals can provide expert opinions on whether the standard of care was met. A failure to provide this key piece of evidence can make or break the case.
Surveillance footage from the emergency room can also be useful to demonstrate the sequence of events and staff actions. Additionally, witness statements from family members or other patients who observed the care can offer further insights into the circumstances surrounding the alleged malpractice. Together, these pieces of evidence help paint a comprehensive picture of what transpired and whether there was a deviation from accepted medical practices.