The emergency room can be a chaotic place, and amid all the hustle and bustle, mistakes can sometimes happen. Unfortunately, these mistakes may have serious consequences for patients who seek medical care. And in some cases, an error made in the ER could give rise to a medical malpractice claim.
If you or your loved one is a victim of an emergency room error, you need to understand your rights so you can make informed decisions about whether or not to file a medical malpractice claim. Read on to learn more about common types of errors in the emergency room that may require you to file a medical malpractice claim.
Misdiagnosis or delayed diagnosis in the emergency room can leave you with serious and often irreversible conditions.
For example, say you arrive at the ER with chest pain and the staff diagnoses your condition as a gastrointestinal issue and signs off on your discharge. Later, you discover that you actually suffered a mild heart attack and now face more serious health complications.
In this case, you may have grounds to file a medical malpractice claim since your misdiagnosis caused you to suffer. More so from a condition that wouldn't have worsened if the staff gave a proper diagnosis in the first place. You could claim that the healthcare provider failed to provide adequate care.
In another case, assume you arrive at the ER with a migraine, and a physician orders an X-ray but delays to follow up on the results. If this delay worsens your condition, you may have grounds to file a medical malpractice claim for lack of timely follow-up care.
Keep in mind, however, that misdiagnosis or delayed diagnosis in the ER doesn't always lead to a medical malpractice claim. Sometimes the situation may be a simple case of miscommunication between the patient and provider that doesn't result in any harm.
For your claim to hold up in court, you have to prove that the medical provider's misdiagnosis or delayed diagnosis was a direct cause of harm. Otherwise, you might just have a case of bad luck, which isn't always something that would result in a successful claim.
Medication errors in the emergency room can risk your health and well-being. For instance, assume the physician orders the wrong medication or dosage for your condition, and this prescription error causes you serious harm. In this case, you might be able to pursue legal action against them, depending on the severity of the resulting injury or illness.
Another common issue with emergency room medication errors is when an allergic reaction occurs due to an incorrect or improperly prescribed medication. This mistake can have devastating consequences, especially in cases where your allergic triggers don't go into consideration.
In such situations, a patient can bring a medical malpractice claim forward against the medical facility for failure to provide adequate care.
Medication errors can also occur during the dispensing process. For instance, say your prescriptions get mixed up, and you receive an incorrect dosage. Say you get outdated medications that have since been out of use due to a recall from the manufacturer. You might have a strong case when you want to file a malpractice claim in either of these situations.
If you believe your care in the emergency room was inappropriate or unnecessary, you may have grounds to file a medical malpractice claim.
For instance, say you go to the ER with a minor illness, and a medical care worker orders a series of tests that are unnecessary for your condition. If you suffer any harm from these unnecessary tests, you may pursue legal action against them for medical negligence.
In other cases, an emergency room physician may fail to properly read test results or miss a few symptoms that would have otherwise led to timely treatment and medical attention. If this action causes your condition to worsen, you could sue the healthcare provider for medical malpractice.
Remember that even if there's no physical injury from improper treatment in the ER, emotional distress due to negligence is still a good reason to pursue legal action in some cases.
For instance, if you rush to the ER with heart attack symptoms and are given the appropriate treatment on time, you might have a reason to sue if nobody informed you of the potential risks and side effects. Some side effects can be quite severe and even cause you emotional distress. Talk to your lawyer if you believe you might have a case.
If you've suffered harm due to an emergency room mishap, contact us at David Helfand PA, to discuss your options. We will evaluate your case and help you decide if the best course of action is to pursue a medical malpractice claim.
