Medical Malpractice Banner

Determining Medical Malpractice in an Emergency Room

Not every medical error can be considered malpractice. Physicians and other healthcare providers have an expected “standard of care.” It is only when this standard is violated can they be held liable for any damages. If they have acted as carefully as any reasonable professional might have, given the same circumstances, they have provided an acceptable standard of care and may not be liable for any problems you may have experienced subsequent to treatment.

Determining whether their handling of your case has violated the expected standard of care is the first step in establishing whether you have a case and the value of the damages you might be awarded.

What is involved in establishing medical malpractice?

There are, essentially, two steps to establishing medical malpractice:

  • The first is to determine what the appropriate “medical standard of care” would be for the conditions or situation, which includes making the correct diagnosis, and determining and delivering the best course of treatment.
  • The second is to prove that the doctor or other healthcare provider was medically negligent, meaning that he or she fell short of reaching that standard of care.

While only two steps, this is a complex undertaking, with many variables.

Examples of Medical Malpractice in the Emergency Room

Errors in emergency room care can occur at any point in the process. Perhaps the most common problem in the ER relates to the failure to diagnose or the misdiagnosis of life-threatening conditions. For example, patients with symptoms of a heart attack or stroke may be misdiagnosed and discharged. In other instances, proper X-rays scans, and MRIs are not ordered or are not read by competent personnel at the time of the emergency room visit. Such omissions result in failures to treat severe fractures, tumors and other serious conditions.

Prioritizing the order in which patients receive care is another area of potential error. This process is known as triage. It is important that nurses properly categorize patients so that those with the most urgent problems are treated before those with less pressing medical problems. Improper triage can even result in patients dying in the emergency room while awaiting care.

Some common examples of medical malpractice that may occur in the emergency room include:

  • A misdiagnosis, resulting in a heart attack.
  • A failure to admit a person to the emergency room when needed.
  • An extended wait for timely treatment, leading to a medical crisis.
  • A failure to perform the full range of tests in the emergency room, to determine whether the patient should be discharged.
  • A failure to consult a specialist or get an experienced opinion for a patient while in the emergency room.

Rosenberg, Minc, Falkoff & Wolff LLP Can Help You

An emergency room visit can turn even more stressful when a medical professional fails to uphold his or her standard of care, resulting in severe consequences.

If we accept your case, our New York emergency room errors lawyers and attorneys will closely review the evidence to show how the hospital's procedures or doctor's negligence were the cause of your injuries. Once we understand what happened, we will prepare a strong case designed to maximize your money damages. 

If you were a victim of emergency room malpractice, contact Rosenberg, Minc, Falkoff & Wolff, LLP immediately to explore your legal options for compensation. Our initial consultation is free, and there is never a fee unless we win your case.

NEW YORK CITY LAW OFFICE

122 E. 42nd Street Suite 3800
New York, NY 10168

Tel: (800) 660-2264

MAP »

QUEENS LAW OFFICE

8900 Sutphin Blvd Suite 501
Queens, NY 11435

*By Appointment Only

MAP »

BRONX LAW OFFICE

220-226 E 161st Street
The Bronx, NY 10451

*By Appointment Only

MAP »