Emergency medical situations are chaotic, and you know that even if you have never watched any episode of ER or Grey’s Anatomy (though you may have fallen asleep watching the latter show). The medical personnel-doctors and nurses-have to race against time to treat a patient. They don’t have the luxury of time to order a full suite of diagnostic tests to determine the nature of the patient’s problem, so they have to rely on their hunches sometimes.
Emergency medical situations are chaotic, and you know that even if you have never watched any episode of ER or Grey’s Anatomy (though you may have fallen asleep watching the latter show). The medical personnel-doctors and nurses-have to race against time to treat a patient. They don’t have the luxury of time to order a full suite of diagnostic tests to determine the nature of the patient’s problem, so they have to rely on their hunches sometimes.
No Communication
Sometimes patients are unconscious and cannot enlighten the doctor on any existing medical condition they may have or the drugs they are on. In such circumstances, the doctors have to administer life-saving drugs hoping that these do not trigger adverse reactions like allergies. It is not surprising that most states in America do not judge medical personnel acting in emergency situations according to conventional medical malpractice laws.
However, if you have been the victim of gross negligence during an emergency, you can still file a lawsuit against the culprit. A medical malpractice attorney who knows how the laws are interpreted in an emergency situation can help you gather evidence.
A Law Firm that Seeks Results
The law firm of RMFW Law in New York has been fighting for the rights of medical malpractice victims for over three generations. The medical malpractice lawyers here are knowledgeable about the laws, their interpretations in various settings, and the exceptions.
In most states of the US, the first responder in an emergency medical situation enjoys several exemptions from the standard medical malpractice laws. These are people who are the first to respond to and reach the site of medical emergency and provide care to the patient. They are usually paramedic staff and firefighters. However, they are not always above malpractice law. They can be held liable for blatant acts of obvious recklessness that defy all standards of reasonable care. But only if you can prove it.
Emergency room doctors and other medical personnel are subject to the usual medical malpractice laws that are applicable to others who are not operating in emergency situations. According to these rules, the doctor in an emergency situation can be held accountable for negligence only if he fails to provide a reasonable standard of care as can be expected from any other doctor with similar expertise and operating under similar circumstances.
You need Proof
However, the chaos and the sense of urgency in an emergency room situation are not similar to the conditions that prevail in other medical settings. So emergency room doctors and nurses may enjoy some exemption under the medical malpractice laws unless they have committed an obviously blatant and reckless act. But the onus is on you to prove it.
A Case that is Ironclad
The chances of the plaintiff receiving compensation for the losses he suffered due to an act of medical negligence during an emergency rests on the quality of evidence presented in court. It seems the medical personnel have an advantage here. But an experienced and expert medical malpractice attorney can gather expert testimonies and accumulate, analyze, and string together the various pieces of evidence to build an airtight case that conclusively proves the act of gross medical negligence.
Call us at 212-344-1000 to book a free consultation with our medical malpractice attorneys. RMFW Law has offices in Brooklyn, Manhattan, Staten Island, Bronx, and Queens. However, if you are unable to visit us, we will be content in visiting you.
