What We Do > Emergency Room Negligence
Nowhere is there more life and death decisions made on a daily basis than in a hospital emergency room. Doctors and nurses in any neighborhood ER face all sorts of medical emergencies. Injuries, diseases, disorders - some life threatening and some minor - are all part of the variety of things presented to the ER physicians.
As emergencies enter a hospital ER, these doctors must be capable of treating all sorts of conditions and do so safely and successfully. If they choose not to timely treat an emergency or fail to see that someone is in need of more care and send them home without needed care, their medical mistakes can cause severe injuries and even death.
Common Emergency Room Mistakes
The most common ER negligence is "dumping" the patient before they are ready to leave the ER. In fact, this practice was so widespread that a Federal law was enacted to stop it. Anytime an ER doctor lets a patient leave the hospital before they are medically ready to do so, that physician has violated the Emergency Medical Transfer and Labor Act (EMTALA). Under this law, the doctor -- along with the hospital -- will be subject to fines and other penalties in addition to the monetary damages for which they are liable under a civil medical malpractice lawsuit.
Other common ER negligence cases include failure to properly diagnose, failure to order the right tests and refusing to treat patients who are uninsured or are covered by government plans that are low-paying such as Medicare or Medicaid.
What Can You Do if You or a Loved One Has Suffered an injury as a result of a visit to an Emergency Room (ER)?
Legal action can be taken by the patient who has been improperly and negligently treated in an emergency room, but an experienced medical malpractice attorney will be needed to evaluate their case.
Our attorneys at Diez-Arguelles & Tejedor are experienced in reviewing lab tests, radiology studies and medical records along with the experienced and credentialed medical professionals who serve as consulting experts. Together, we determine the bases for a law suit as well as the likely defenses that will be asserted by the medical professionals. It is to be expected that ER doctors and hospitals will aggressively deny their responsibility in these cases.
With proper documentation and expert support, victims of negligent Emergency Room medical care and their families can sue those responsible and potentially obtain money damages. In the event of an untimely death, the victim's loved ones may be able to obtain wrongful death damages, as well. If you or a loved one has suffered an injury or died as a result of a visit to an emergency room there is a legal deadline for filing these lawsuits, so call NOW toll free 1-888-888-3773. The consultation and call are FREE.