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.
There are, essentially, two steps to establishing medical malpractice:
While only two steps, this is a complex undertaking, with many variables.
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:
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.
|$15 Million - Jury Award Against Hospital|
|$15 Million - Neurosurgical Brain Injury|
|$7.75 Million - Pediatric Intensive Care Unit|
|$5.5 Million - Injured Child|
|$5.5 Million - Blinded Woman|
|$5.4 Million - Construction Burn Victim|
|$5.45 Million - Injured Child|
|$5 Million - Eye Surgery|
|$4.5 Million - Failure to Perform C-Section|
|$4.5 Million - Personal Injury Settlement|
|$3.8 Million - Electrician|
|$3.5 Million - Faulty Freight Elevator Fall|
|$3.28 Million - Eye Surgery Case|
|$3.1 Million - Verdict Returned by NY Jury|
|$3.1 Million - Awarded by Brooklyn Jurors|
|$3 Million - Hot Water Burn Death|
|$2.1 Million - Injured Worker|
|$2 Million - Delay in Delivery|
|$2 Million - Verdict against Hospital|
|$1.75 Million - Diagnosing Prostate Cancer|
|$1.5 Million - Prostate Procedure Malpractice|
|$1.5 Million - Delay in Treatment - Nerve Damage|
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|$1.26 Million - Disabled Vehicle's Driver Hit|
|$1.15 Million To Slip-and-Fall Victim awarded by Jury|
|$1.1 Million Cancer Misdiagnosis Case|
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|$950,000 - Failure to Diagnose Sepsis|
|$837,500 - Delay in Brain Surgery|
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|$813,000 - Jury Award vs. Port Authority|
|$800,000 - Failure to Inform|
|$550,000 - Failure of Neurologist to refer|
|$550,000 - Failure to Refer a Patient|
|$544,000 - Golf Cart Injury with Pothole|