Emergency rooms handle thousands of patients each year, often under intense pressure and extreme time constraints, and errors do occur. When you or a loved one is affected by serious harm from an ER mistake, it’s natural to wonder if there may be grounds for a legal claim.
Emergency room malpractice cases present unique legal challenges that differ from standard medical malpractice claims, due to the emergency conditions under which care is provided. At Fowler Pickert Eisenmenger Norfleet, our Missouri emergency care lawyers can help evaluate whether an ER mistake rises to the level of malpractice and guide you through the legal process.
Understanding the Emergency Room Standard of Care
The standard of care in emergency situations differs from that applied in routine medical settings. Emergency room physicians must make rapid decisions with incomplete information while treating multiple patients simultaneously. Missouri courts recognize these unique circumstances when evaluating an ER malpractice claim.
Reasonable Care Under Emergency Conditions
Emergency room doctors are not expected to provide the same level of care as specialists who have unlimited time to diagnose and treat patients. Instead, they must provide reasonable care under emergency conditions. This means that they must act as a reasonably prudent physician would act under similar emergency circumstances with similar resources and time constraints.
Medical Condition of the Patient
The patient's medical condition also influences the standard of care. Life-threatening situations may justify more aggressive treatment approaches that carry higher risks. However, this does not excuse gross negligence or obviously unreasonable medical decisions.
Emergency Room Documentation
Documentation plays a crucial role in establishing the standard of care. Emergency room records must show that physicians considered appropriate differential diagnoses, ordered reasonable tests given the circumstances, and made treatment decisions based on available information. Missing or inadequate documentation can support a malpractice claim.
Duty to Provide Competent Care
Time pressures cannot excuse fundamental medical errors, such as prescribing medications to patients with known allergies or failing to order basic diagnostic tests when a patient's condition warrants them. The emergency setting provides context for medical decisions but does not eliminate the duty to provide competent care.
Role of Expert Medical Testimony
Missouri law requires expert medical testimony to establish the appropriate standard of care in emergency situations. These experts must have experience in emergency medicine and understand the practical realities of emergency room practice. Their testimony helps courts distinguish between acceptable emergency care and malpractice.
Common Types of Emergency Room Errors
There are a number of different kinds of emergency room errors. Common types include:
Diagnostic Errors
Diagnostic errors represent the most frequent category of emergency room mistakes. Physicians may fail to order appropriate tests, misinterpret or misread test results, or discharge patients without properly evaluating their symptoms. Heart attacks, strokes, and infections are commonly misdiagnosed conditions that can have devastating consequences.
Medication Errors
Medication errors occur when emergency room staff prescribe incorrect drugs, wrong dosages, or fail to check for drug interactions or allergies. The rushed environment and multiple patients can lead to mix-ups in medication administration. These errors can cause severe adverse reactions, organ damage, or death.
Treatment Delays
Treatment delays can happen when emergency room employees fail to prioritize patients appropriately or when staff shortages result in inadequate monitoring of patients. Patients with serious conditions may deteriorate while waiting for care.
Communication Problems
Communication failures between emergency room staff can result in critical information being lost or misunderstood. Factors like shift changes, multiple physicians treating the same patient, or inadequate documentation can contribute to communication breakdowns that may lead to medical mistakes such as duplicate testing, missed diagnoses, or inappropriate treatments.
Procedural Errors
Procedural errors include mistakes during medical procedures such as intubation, IV insertion, or wound repair. Emergency room physicians perform many procedures quickly, which can increase the risk of complications. Inadequate training or supervision may contribute to these errors.
Discharge Errors
Discharge errors occur when patients are sent home too early or without proper follow-up instructions. Emergency rooms may discharge patients whose conditions have not been adequately evaluated or stabilized. These premature discharges can result in preventable complications or death.
Missouri Laws Governing Emergency Medical Care
Emergency Medical Treatment and Labor Act
Missouri has specific statutes that address emergency medical care and potential liability. The Emergency Medical Treatment and Labor Act (EMTALA) requires emergency rooms to provide medical screening examinations and stabilizing treatment regardless of a patient's ability to pay. Violations of EMTALA can result in federal penalties and may support malpractice claims.
Statute of Limitations
Missouri's statute of limitations for medical malpractice claims is two years from the date of discovery of the injury, but no more than ten years from the date of the alleged malpractice. Emergency room cases may involve questions about when patients discovered their injuries, particularly if diagnostic errors were not immediately apparent.
The state of Missouri requires a certificate of merit from a qualified medical expert prior to filing a malpractice lawsuit. This certificate must state that the expert has reviewed the relevant medical records and believes there is a reasonable basis for the claim. For an emergency room malpractice case, the expert must be familiar with emergency medicine standards.
Hospital Liability
Hospitals may be held liable for emergency room errors under theories of vicarious liability or corporate negligence. If emergency room physicians are hospital employees, the hospital may be responsible for their malpractice. Hospitals can also be liable for inadequate staffing, equipment failures, or policy violations.
Building a Strong Emergency Room Malpractice Case
Successful ER malpractice claims require prompt action to preserve evidence and gather necessary documentation.
Medical Records
Medical records from the emergency room visit must be obtained quickly, as hospitals may not retain all records indefinitely. These records provide the foundation for understanding what occurred during the emergency room visit.
Alternative medical records from other healthcare providers may show the true extent of injuries or demonstrate that proper care would have led to better outcomes. Follow-up treatment records can reveal complications that resulted from emergency room errors. These records help establish causation and damages.
Expert Testimony
Expert medical testimony is essential for proving that emergency room care fell below acceptable standards. Emergency medicine experts must review the case facts and provide opinions about whether the care provided was reasonable under the circumstances. These experts help explain technical medical issues to judges and juries.
Witness Statements
Witness statements from family members, friends, or other patients can provide important information about the emergency room visit. These witnesses may have observed interactions with medical staff, noted delays in care, or heard statements from healthcare providers. Their testimony can supplement the medical record evidence.
Legal Counsel
Emergency room malpractice cases involve technical medical and legal issues that require experienced legal representation. Consulting with a skilled Missouri emergency care lawyer early in the claims process helps ensure that important deadlines are met and evidence is preserved. You can count on our team to coordinate with medical experts, build the strongest possible case for compensation, and provide you with sound guidance throughout the malpractice claims process.