[vc_row][/vc_row][vc_column][/vc_column][vc_column_text]emergency room malpracticeYou visit the emergency room because you or someone you know has a health emergency that needs attention. The last thing you would expect during that visit is to sustain an injury. Whether it is a result of unforeseen circumstances beyond your control or medical professional’s negligence, it is important to understand what to do if you or someone you know experiences an ER injury or is a victim of emergency room malpractice.

With many stay-at-home guidelines being lifted, people are beginning to refill the streets, hallways, and, yes, health care institutions and medical facilities. But hospital admittance is not the only scenario where medical malpractice can occur. While medical malpractice in the hospital is prevalent, medical malpractice has its fair share of cases in the emergency room.

We are all familiar with the seemingly never ending bustle and flow of emergency rooms. The waiting rooms are filled with people, sirens in the background, loud noises, and bright lights. For this reason, medical malpractice may not be obvious in an emergency room setting—the many distractions mean that something serious like an injury could get overlooked. It is important to be aware and cautious of potential injuries that could occur within an emergency room.

If you are in need of an emergency room and hospital negligence attorney in Southern California, we have a team of experienced medical malpractice attorneys at Raynes | Erickson. Our attorneys specialize in medical malpractice, including emergency room injuries, and will provide our professional legal guidance to ensure you are properly supported.

Let’s now consider some common injuries that occur from emergency room visits or types of emergency room negligence, and what you should do if you find that you have experienced an emergency room injury.

A large number of medical malpractice lawsuits stem from the misdiagnosis or delayed diagnosis of a medical condition, illness, or injury. Malpractice could be a slip-up that is not noticed by anyone in the room, but it still causes lifelong effects. Yet, the realities of emergency rooms create unique circumstances for doctors and patients alike.

Malpractice during emergency medical care deals with a special set of rules. This is because standards of care are different in emergency rooms since the very nature of emergency rooms creates an environment that is more susceptible to accidents than the standard doctors office and operating room.

Medical records may not be thoroughly reviewed simply because of the lack of time that an emergency room doctor has to assess the situation before acting, and emergency rooms are not calm and quiet. Due to these realities, emergency room doctors may be given more leeway than other doctors who have the time to consider a possible course of treatment. Therefore, mistakes must be severe for the courts to deem an injury sustained in an emergency room as negligence.

Mistakes as a result of incompetence, an understaffed emergency room, unsanitary conditions, or carelessness may be ruled as medical malpractice. When a doctor’s diagnosis error leads to incorrect treatment, delayed treatment, or no treatment at all, a patient’s condition can be made much worse, and they may even die. These types of emergency room errors are inexcusable and can mean the difference between life and death to a patient in need.[/vc_column_text][vc_column_text]

Aside from misdiagnosis, delayed diagnosis, and failure to diagnose, there are other forms of emergency room medical malpractice that can result in lawsuits.

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  • Paramedic, first responder, and EMT neglect
  • Anesthesia errors
  • Surgical errors
  • Contaminated blood transfusion
  • Medication errors
  • Failure to order correct tests
  • Misinterpreting test results
  • Refusing patient care unfairly
  • Failure to see a patient as quickly as their condition necessitates
  • Improper discharge of a patient

Keep in mind that the law does not hold doctors legally responsible for all diagnostic errors. Instead, patients usually must prove three things in order to prevail in a medical malpractice lawsuit based on a wrong diagnosis:

  1. A doctor-patient relationship existed.
  2. The doctor was negligent, in that the doctor did not provide treatment in a reasonably skillful and competent manner.
  3. The doctor’s negligence caused actual injury to the patient.

If you have experienced any of the above and can prove that a doctor-patient relationship existed between you and the doctor or nurse who erred while providing your care, you might have a medical malpractice case.

The applicable statute of limitations is likely already running, so timing can be critically important to your case. Do not hesitate to reach out to a medical malpractice attorney if you feel you might have experienced an emergency room injury or emergency room malpractice.

When it comes to injuries and the law, handling such a situation could be overwhelming. It is important that you research where to find a medical malpractice lawyer in your area to help you through this process. A medical malpractice attorney can teach you about your legal rights and how an experienced and suitable litigation team can help you receive the compensation you deserve. You need an experienced attorney with financial resources, medical knowledge, and courtroom skill.

There are some important things to consider when selecting an attorney. Find out whether the attorney offers a free, no-obligation consultation, and whether you can meet in person (or set up a video conference based on your circumstances). Before you meet with the attorney, it is recommended that you make a list of the questions you want to ask, and write out the specific facts about your case. What you do not know, an expert legal professional should be able to assist with.

Choose an attorney whose working style fits your expectations and, of utmost importance, give yourself enough time to think over the meeting; remember that a consultation does not mean you have to hire that attorney.

If you or a loved one has suffered an emergency room injury, remember that you did nothing to get injured. You need to feel comfortable and supported, and the attorney you choose can most certainly affect the outcome of your case. Contact our office and speak with a member of the firm today.[/vc_column_text][vc_column_text]

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