If you end up in the emergency room, it usually means that you have a serious condition that requires immediate care and attention. In emergency medical care, time is of the essence. Emergency room personnel are subjected to a high-paced and often chaotic work environment that can be incredibly stressful. When you visit an emergency room or urgent care center, you expect to receive quick and competent treatment. If you or a family member has been injured as a result of negligence in a hospital emergency room, you may be able to file a medical malpractice lawsuit against the at-fault party. At Arfaa Law Group, our knowledgeable Baltimore medical malpractice lawyers can meticulously analyze the details of your case.
Holding a Health Care Provider Accountable for an Emergency Room ErrorEmergency room errors encompass a wide range of situations. Common emergency room mistakes include diagnostic errors, triage errors, medication errors, failing to order necessary or appropriate tests, misreading or failing to notify patients of test results, failing to admit a patient who should be admitted, or discharging a patient too soon. Even seemingly minor mistakes may lead to serious, long-term, and even fatal consequences for a patient.
Medical malpractice claims are rooted in the theory of negligence, which is the failure to take proper care while doing something. A medical professional may be held liable if he or she causes harm to a patient by failing to act as a reasonable, adequately trained health care professional would have acted under the same or similar circumstances. A victim of medical malpractice must establish that the injury suffered was a direct and proximate result of the health care professional’s failure to use proper care. Malpractice in emergency rooms can happen not only when a health care provider commits a careless action, but also when a health care provider fails to take a precaution that should have been taken.
Those health care professionals that may be liable for emergency room errors include physicians, surgeons, nurses, and other hospital staff who are legally responsible for treating a patient. Emergency room error cases can be highly fact-intensive, so it is important that an attorney reviews your case, explains the law of medical malpractice, and gathers evidence to prove the extent of your injuries.
In addition to the common-law standard of care governing treatment in emergency rooms, the Emergency Medical Treatment and Active Labor Act (EMTALA) is a federal law that applies to emergency room treatment in most U.S. hospitals. EMTALA provides that a patient who presents with an emergency medical condition and is unable to pay for treatment may not be treated differently than a patient who is covered by health insurance. It is important to note that EMTALA is applicable only to “participating hospitals” and is for all patients, not just Medicare or Medicaid recipients.
Discuss Your Medical Malpractice Case with a Baltimore LawyerAt Arfaa Law Group, our team of Baltimore medical malpractice attorneys aggressively advocate for patients who have been harmed by emergency room errors. We can guide you through the legal process and devise a legal strategy that is tailored to your situation. Arfaa Law Group proudly represents victims of medical malpractice across Maryland. Call 410-889-1850 to set up a free, confidential consultation with a personal injury attorney or contact us online.