Medical personnel including doctors and nurses are only human. And humans are fallible. Mistakes happen that can have disastrous results. Often, it results in a crippling injury, and in some cases death. If the mistake occurred due to negligence or reckless behavior of the medical personnel, the victim has the right to sue the guilty person(s) to get compensation for the losses.
In this article, we will talk at length about emergency room medical malpractice cases.
Emergency Room Medical Malpractice: An Overview
The law relating to the emergency room malpractice cases is more lenient than other cases. Physicians and nurses in the emergency room often don’t have the time to contemplate on the proper treatment plan. However, it does not mean that they are not liable for providing sub-standard patient care.
A person who gets injured due to negligent behavior or willful disregard of standard care practices by the emergency room health care personnel has the legal right to receive compensation for emotional, psychological, and financial losses.
Here are some of the situations in which the victim can pursue a legal case against the health care providers for emergency room medical malpractices.
- Medication errors
- Surgical errors
- Lack of follow—up
- No triage — a standard practice of taking background information to determine priority of the patient in an emergency room
Who Can You Sue in Emergency Room Medical Malpractice?
In emergency room cases, usually, the medical staff who acted in a negligent manner in the emergency room setting is not taken to court. Instead, the hospital is on the hook for the negligent and reckless behavior of the staff. The hospital must compensate the victim for the physical and financial losses that occurred due to willful disregard or negligent attitude of the medical staff.
In the case of non-emergencies, if a person knows that the doctor is an independent contractor and not a hospital employee, the hospital cannot be sued in the court. However, this is not the case with emergency room medical malpractice cases.
The hospital is legally responsible for any medical malpractice case in the emergency room. The reason for this is that there is no time to inform the patient that an independent contractor will be performing the surgery in the emergency room. As a result, the hospital is answerable for the negligent behavior of the emergency room medical staff.
Getting Professional Help for Medical Malpractice Cases
You must contact an experienced personal injury lawyer for emergency room medical malpractice cases. An experienced attorney will be able to marshal the evidence, and present them in the court to prove the guilt of the negligent medical personnel. This will help you in getting the most favorable outcome for your case.
Contact Rohde Law Office for expert, legal advice and counsel regarding emergency room medical malpractice cases. Our experienced and highly courteous team of personal injury lawyers is always eager to help victims get justice in court.
Call us today by dialing 626-593-5786 to get advice or representation regarding your case today.