Potential Emergency Room Medical Malpractice Claims
Posted in Medical Malpractice on June 22, 2021
When we need to visit an emergency department, we trust that the doctors, nurses, and other professionals will take the time to accurately diagnose our conditions and administer the proper treatment. Unfortunately, not all emergency room personnel uphold their duties to their patients, committing acts of medical malpractice that cause further harm. If you experienced malpractice in the emergency room, you may have grounds for a lawsuit against the at-fault medical professional.
What Is Medical Malpractice?
All medical professionals have a duty to uphold a certain standard of care while treating patients. Medical malpractice occurs when a healthcare provider deviates from this standard through a negligent act or failure to act.
Any medical professional could be liable for malpractice, including physicians, nurses, surgeons, and emergency room personnel. Although emergency rooms can be chaotic, the people who staff these departments may still be liable for any injuries or illness that a patient sustains due to substandard care.
Common Types of Emergency Room Malpractice
In many cases, emergency room doctors are given more leeway during a malpractice claim due to the hectic nature of their jobs. However, these professionals can still commit dangerous and negligent errors that cause serious harm to patients and leave them open to liability. Many acts of medical negligence can occur in an emergency room, including the following.
- Failure to order proper diagnostic tests based on the patient’s symptoms
- Failure to take a patient’s full medical history into account
- Misdiagnosing or failure to properly diagnose a patient’s conditions
- Administering the wrong medication or the wrong dosage
- Failure to properly stabilize a patient’s neck after an accident
- Failure to check for infections in an open wound
- Failure to properly insert an IV or medication line
- Misreading laboratory test results
- Prematurely discharging a patient who is in critical condition
- Failure to establish and secure an airway in a patient with a facial or skull fracture
How to Prove an Emergency Room Malpractice Lawsuit
If you believe that you experienced medical malpractice in the emergency room, you may have grounds for a lawsuit against the at-fault medical provider. Through a medical malpractice claim, you can recover compensation for medical expenses, lost wages, and other damages you sustained due to the negligence. However, you will need to prove four key facts to qualify for this compensation.
- The at-fault medical provider owed you a duty of care.
- The at-fault medical provider breached his or her duty of care.
- The breach of duty caused your injury or worsening illness.
- You suffered damages due to the malpractice that you can collect in your lawsuit.
You will need to provide sufficient evidence, including medical records, scientific research, and financial documents, to establish these elements and prove your claim. Prior to filing your lawsuit in Missouri civil court, you will also need to submit an Affidavit of Qualified Health Care Provider. This document is a statement from a similarly trained and reasonably prudent provider who testifies that the at-fault provider’s actions deviated from the accepted medical standard of care.
In these situations, a Kansas City medical malpractice lawyer can provide you with the resources you need to prove your claim. An attorney will have cultivated a network of expert witnesses that he or she can ask to testify on your behalf. Your lawyer will also have experience handling claims similar to yours and will be able to leverage his or her skills and knowledge to craft a compelling case in your favor. As soon as possible following the malpractice, contact your attorney to discuss your legal options.