Evidence in Emergency Room Malpractice Cases

Emergency rooms are fast-paced, high-pressure environments where quick decisions are often necessary to save lives. When healthcare providers in the emergency room fail to provide care at the level expected of them, it can cause critical and lasting injuries and is often grounds for pursuing emergency room malpractice claims. If you were harmed due to negligence in an emergency room, it is important to understand what evidence can assist you in establishing fault, and you should speak to an attorney at your earliest convenience. The Baltimore medical malpractice attorneys of Arfaa Law Group are skilled at identifying what evidence in emergency room malpractice cases can help plaintiffs prevail, and if you hire us, we will collect the evidence needed to help you build a strong case.

Emergency room malpractice happens when a healthcare provider fails to deliver appropriate care, resulting in harm to the patient. Common forms of emergency room malpractice include misdiagnosis, delayed diagnosis, failure to order necessary tests, medication errors, and failure to properly monitor a patient’s condition.

To recover damages in an emergency room malpractice case, the plaintiff usually has to show that the healthcare provider’s negligence caused their injuries. This means that the plaintiff must prove that the defendant owed them a duty. The duty a doctor, nurse, or other healthcare professional owes a patient is to offer treatment that comports with the standard of care, which is the level of competence that a reasonably skilled professional working in their field would provide in similar circumstances. Next, the plaintiff has to show that the defendant breached the duty owed. Any act or omission that deviates from the standard of care could likely be considered a breach.

Finally, the plaintiff needs to demonstrate that they suffered actual harm, and that the injuries in question were the direct result of the defendant’s behavior. In other words, absent the breach, they would not have sustained the losses in question.

Proving negligence in an emergency room malpractice case requires strong evidence. The key types of evidence in emergency room malpractice cases typically include medical records, expert testimony, and witness statements. These forms of evidence help establish what happened during the patient’s emergency room visit and how the healthcare provider’s actions fell below the standard of care.

Medical records are often the most critical piece of evidence in emergency room malpractice cases. These records include detailed information about the patient’s condition, the tests ordered or overlooked, the treatments provided, and the timing of various interventions. They can show whether the emergency room staff followed appropriate protocols, whether necessary diagnostic tests were performed, and whether any medication errors occurred. Additionally, medical records can help demonstrate how the patient’s condition deteriorated due to the healthcare provider’s negligence.

As such, it is essential for a plaintiff to obtain the complete medical records from the hospital, including test results, physician notes, and nursing charts. In some cases, discrepancies in the medical records, such as missing entries or inconsistent documentation, can indicate that an error occurred.

In Maryland, expert testimony is typically required to prove negligence in medical malpractice cases, including emergency room malpractice cases. Medical experts play a crucial role in explaining the standard of care that should have been provided and how the healthcare provider’s actions deviated from that standard. For example, an expert may testify that a reasonably competent ER physician would have ordered a CT scan for a patient presenting with certain symptoms, but failing to do so delayed the diagnosis of a life-threatening condition.

Expert witnesses are also essential for establishing causation; that is, showing how the healthcare provider’s negligence directly caused the patient’s injuries. In emergency room malpractice cases, this often involves explaining how the delay or failure in treatment led to a worse outcome for the patient.

Witness statements can provide valuable insight into what occurred in the emergency room and whether any mistakes were made. Witnesses may include family members who were present during the emergency room visit or even other medical professionals who observed the patient’s treatment. In some cases, other patients in the emergency room at the time may have witnessed the events leading up to the malpractice.

Emergency room errors can cause grave harm, and healthcare providers who make such mistakes should be held accountable for any losses that ensue. If you were harmed by negligence in an emergency room, it is critical to speak to an attorney about what evidence you will need to support claims for damages. The trusted Baltimore medical malpractice attorney of Arfaa Law Group can inform you of your rights and assist you in developing a compelling case. We have an office in Baltimore, where we routinely help people with medical malpractice claims. To arrange a meeting, you can reach us via our form online or by calling us at 410-889-1850.