Emergency rooms in a hospital can be very busy, fast-paced, and filled with all types of urgent situations. In some cases, an injury can occur due to some form of error related to the emergency room process and staff. Since most emergency room situations are already serious, errors in this context can lead to further injury and serious conditions. Some common forms of emergency room errors can include:
- Failure to run the proper tests and diagnoses
- Medication errors
- Errors related to identification of a patient
- Causing a patient to wait unnecessarily long before receiving treatment
- Errors related to emergency surgeries
- Errors related to diagnosis (failure to diagnose and medical misdiagnosis)
- Premature discharge from an emergency room
- Various other forms of medical error, negligence, or malpractice
In serious cases, an emergency room error can sometimes be fatal, which can lead to a wrongful death claim or a similar type of legal claim.
Who Can be Held Liable For an Injury Resulting from an Emergency Room Error?
Various parties can be held liable for an emergency room error injury. These can include:
- Nurses and nursing staff (for instance, administering drugs or medicines improperly)
- Hospital staff
In some cases, several parties can be held liable for injuries resulting from an emergency room error. In other instances, a hospital may be found liable for malpractice or negligence. For example, if the hospital allows practices that are unsanitary, dangerous, or that do not conform to industry standards for emergency room procedures, the hospital may be liable.
Are There any Legal Remedies for Emergency Room Error Claims?
Legal remedies in an emergency room error lawsuit typically consist of a monetary damages award. These damages are generally intended to compensate the injured party or parties for losses caused by the error. These can include additional medical expenses, lost wages, and loss of earning capacity.
The amount of damages issued is dependent on several different factors, including:
- The degree of seriousness of the injury
- How “egregious” or serious the negligence or misconduct of the liable party is
- State laws (some states limit damages in a medical malpractice claim)
- Whether the person had prior existing injuries
Lastly, remedies for an emergency room error case can also involve other measures, such as requiring a change of hospital staff or policies.
Should I Hire a Lawyer for Assistance with an Emergency Room Error or Injury?
Emergency room errors can lead to serious injuries and losses. It may be in your best interests to hire a personal injury lawyer in your area if you need legal advice or guidance for a lawsuit. Your attorney can provide you with answers to your inquiries and can also inform you of your options under state law. Also, if you need to make an appearance in court, your lawyer will be able to represent you during those times as well.