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“Medical errors are estimated to cause 250,000 deaths per year in the US.” (2) Possible causes include poorly coordinated care, fragmented insurance networks, the absence or underuse of safety nets, and differences in physician practice patterns lacking accountability. (3)
“Diagnostic error increases mortality and length of hospital stay in patients presenting through the emergency room,” according to a research study conducted. The study concluded, “Diagnostic discrepancies are a relevant healthcare problem in patients admitted through the emergency room… and are associated with increased in-hospital mortality.” (4)
In an ER, the environment causes medical professionals to face regular interruptions. They often receive incomplete information. “Almost half of medical errors in the emergency room are due to problems with information processing.” (5)
A medical error is what is called a “preventable adverse effect of medical care.” A medical error may harm a patient. Sometimes, the harm might not be evident. Besides misdiagnosis, possible problems frequently occur when medical professionals are treating patients.
High error rates resulting in serious consequences are most likely to occur in emergency departments, operating rooms, and intensive care units. Very young patients and elderly patients also face a greater risk of experiencing a medical error. In addition, medical errors are more likely to occur when medical professionals are using new procedures and treating more serious and severe medical conditions. (7)
If you or a loved one suffered due to mistakes made in an ER, you may be able to sue for medical malpractice.Get a Free Case Review
Also, five conditions are more frequently misdiagnosed than any other.
With the ER specifically, medical errors can occur in many ways. Common errors include:
Emergency room malpractice cases can fall under negligence. Mistakes made due to incompetence, understaffing, and unsanitary conditions also may be medical malpractice.
In legal terms, medical malpractice occurs when your healthcare provider has violated the accepted standard of care. You must have been injured due to the violation and your injuries resulted in recognized damage. (17)
“Liability for medical malpractice is based in tort law, specifically related to negligence.” (18) Basically, medical malpractice is when your healthcare provider was negligent in caring for or treating you.
Generally, you can hold any licensed medical professional liable for medical malpractice. Medical professionals include physicians, nurses, and chiropractors. Sometimes, you can even hold hospitals liable for the medical malpractice committed by the medical professionals they have hired. (19)
In a lawsuit, you must prove the medical professionals breached their duty of care. You may be able to sue multiple individuals, hospitals, and health care facilities depending on your specific circumstances.
Medical malpractice is complex. The attorney you hire can help you navigate the legal system.
Were you injured by a mistake made in an ER? You may be eligible for compensation.(833) 544-0604
You may need to sue for your injuries if you were seriously hurt, or a loved one died, because a medical professional made mistakes during your visit to the Emergency Room. If your illness was misdiagnosed, not diagnosed, or mishandled you may have grounds for medical malpractice.
If your treatment was delayed — or you were sent home and you should not have been — you could also have suffered from medical malpractice.
If so, contact a trustworthy law firm in your state, one with significant understanding when handling medical malpractice cases. An experienced attorney can help you explore your legal options.
Weitz & Luxenberg is based in Manhattan and has been successfully handling wrongful death, medical malpractice, and personal injury cases across New York State for over 30 years. Plus, we have a solid history of winning our cases.