Emergency rooms provide urgent medical care for acute conditions and injuries that require immediate attention. The doctors who staff emergency rooms undergo ample training to ensure that they possess the skills needed to rapidly diagnose, stabilize, and treat critical medical issues. Despite that fact, not all patients who visit emergency rooms with urgent health crises receive prompt and effective care. In fact, the care offered to some patients is so inadequate that it causes them harm and, in many instances, constitutes medical malpractice. Fortunately, Maryland law affords people harmed by incompetent care in the emergency room the right to pursue civil claims against their providers. If you suffered injuries due to inadequate treatment in an emergency room, you may be owed damages for emergency room malpractice, and it is smart to confer with an attorney. At Arfaa Law Group, our trusted Baltimore medical malpractice attorneys understand the physical, emotional, and financial harm patients suffer due to malpractice, and if you hire us, we will fight to help you seek the compensation you deserve.
Damages for Emergency Room MalpracticeEmergency rooms are high-pressure environments where quick and accurate medical judgments are crucial. Malpractice in this context can include misdiagnosis, delayed diagnosis, improper treatment, medication errors, and failure to obtain informed consent. Patients harmed by such negligence can seek various types of damages.
Damages for emergency room malpractice aim to address the economic and noneconomic losses sustained by patients who suffer harm due to negligence in an emergency room setting. Economic damages cover tangible losses such as additional medical bills, rehabilitation costs, and lost wages due to extended recovery periods. Non-economic damages compensate for intangible harms, including pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may also be awarded to punish particularly egregious conduct and deter future negligence. If the plaintiff was married when their harm occurred, their spouse might be able to recover damages for loss of consortium as well.
Proving Fault for Damages for Emergency Room MalpracticeIn order to recover damages for emergency room malpractice, a plaintiff must first demonstrate the defendant’s fault in a medical malpractice lawsuit. Generally, a plaintiff seeking damages in a medical malpractice case will allege that the defendant was negligent. In Maryland, a plaintiff alleging negligence must demonstrate that the defendant had a duty to treat the plaintiff in accordance with the standard of care.
The standard of care that applies is what treatment a competent doctor working in the same field as the defendant would offer in a comparable situation. The plaintiff then must prove that the defendant departed from the standard of care and, therefore, breached the duty owed. The plaintiff must also show that the breach proximately caused the plaintiff’s harm. In other words, while the plaintiff is not required to prove that the defendant’s breach of the duty owed was the sole cause of their losses, they must show that the breach was a substantial force in bringing about their damages and that the plaintiff would not have been hurt without the breach. As the average juror or judge lacks an independent understanding of what the standard of care requires, in most cases, the plaintiff will need to retain an expert to elucidate the standard of care and the ways in which the defendant breached the standard. Expert testimony is usually necessary to demonstrate causation as well.
Talk to an Assertive Baltimore AttorneyPeople visiting emergency rooms typically have critical health issues, and if they do not receive prompt and appropriate care, they may suffer grave harm. If you were hurt by inadequate treatment in an emergency room, it is in your best interest to talk to an attorney about your possible claims and what damages for emergency room malpractice you may be able to recover. The assertive Baltimore medical malpractice lawyers of Arfaa Law Group believe that reckless physicians should be held responsible for the injuries they cause, and if we represent you, we will advocate aggressively on your behalf. We have an office in Baltimore, and we regularly assist people in the pursuit of compensation in medical malpractice lawsuits throughout the city. You can reach us at 410-889-1850 or through our online form to set up a conference.