Emergency room personnel are often called upon to perform life-saving services during medical crises. Because of the hectic environment in a typical emergency room, however, medical mistakes are more common than many healthcare professionals are willing to acknowledge.
If you believe you have been injured due to an emergency room mistake in North Mississippi, turn to Chatham Gilder Howell Pittman. Our medical malpractice attorneys will take the time to listen to your concerns, explain all your rights, and explore your legal options.
We understand the complexities of emergency room malpractice claims and have a proven history of achieving positive results for our clients. You can depend on us to help you obtain just compensation, whether through negotiation or litigation. Contact us today for a free evaluation of your case.
Causes of Emergency Room Malpractice
Although an emergency room is a fast-paced, high-stress environment in which doctors and nurses typically work long shifts, hospital ERs, and critical care facilities must establish patient care protocols.
When proper procedures are not followed or emergency room personnel take shortcuts, medical mistakes can occur, often resulting in serious and even fatal injuries. Common causes of emergency room malpractice include:
- Misdiagnosis – Because ER personnel must work quickly, they may lack time to thoroughly and accurately diagnose an illness or injury. Misdiagnosis in an emergency room can lead to improper treatment, which can cause serious injuries or death.
- Testing errors – Attending physicians may fail to order the right tests or incorrectly assess test or lab results, which can lead to both misdiagnosis and improper treatment of an illness or disease.
- Improperly performed procedures – Doctors and nurses may perform procedures with which they have too little training or experience.
- Improper triage – Because emergency rooms are often crowded with numerous patients at any given time, patients may be left unattended, which can result in worsening medical conditions
- Medication mistakes – Doctors may prescribe the wrong medication or nurses can confuse drugs with similar names.
- Falls – Patients left unattended in an ER are at risk of falling, particularly elderly patients or those who are disoriented. Falls can result in fractures, broken bones, and brain injuries.
- Improper discharge – ER personnel may fail to provide patients and their families with proper discharge instructions, which can result in worsening medical conditions.
Proving Emergency Room Malpractice
To have a valid medical malpractice claim, it is necessary to demonstrate the following elements of negligence:
- The hospital ER or critical care facility owed the patient a duty of care while they were being treated
- The hospital facility breached that duty
- That breach caused the patient’s injury
- The patient sustained actual damages (e.g. physical injuries, medical expenses, lost wages)
In short, emergency room personnel must provide the appropriate standard of care, which is the level of care a reasonably skilled medical professional would have provided under the same circumstances. Our legal team has the skills and experience to handle your emergency room malpractice claim. Once you become our client, we will:
- Conduct a thorough investigation
- Interview any witnesses, including first responders, the attending doctor, and other ER personnel
- Examine all pertinent medical records
- Obtain statements/testimony from medical experts about the appropriate standard of care
- Negotiate a fair and just settlement with the ER facility and opposing counsel
- File a medical malpractice lawsuit, if necessary
Knowing that being injured due to ER negligence can be a harrowing experience, we will offer you compassionate, efficient representation and fight to win you just compensation.
Damages You May Recover
If you or a loved one has been the victim of emergency room malpractice, our lawyers will work tirelessly to help you recover damages such as:
- Medical expenses – present and future
- Lost wages
- Loss of future earnings
- Pain and suffering
- Emotional distress
- Permanent disability/disfigurement
- Loss of enjoyment of life
Notably, punitive damages will not be awarded unless the court determines that the defendant exhibited willful malice or gross negligence. Because these damages are based on the defendant’s net worth, they will likely be limited.
Finally, if a loved one’s death was caused by ER negligence, we can help you pursue a wrongful death lawsuit to obtain compensation for final medical expenses, funeral and burial costs, and the loss of guidance and support your loved one would have provided.
At Chatham Gilder Howell Pittman, we are well-known for being dedicated advocates of the injured. While most ERs provide life-saving treatments to patients, we believe that hospitals and critical care facilities must be held accountable for emergency room malpractice.
Our lawyers are relentless and will fight to help you obtain the maximum compensation you deserve. Above all, we will work in your best interests at all times and make sure your patients’ rights are protected. We offer free consultations and will charge no attorney’s fees until we recover for you. Contact our office today to get started.
Chatham Gilder Howell Pittman helps those who are victims of emergency room malpractice throughout Northern Mississippi including the cities of Southaven and Hernando as well as the counties of DeSoto, Marshall, Tate, and Tunica.