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Emergency Room Medical Malpractice Attorney

Mistakes happen, and when they occur in the emergency room, they can have long-lasting, and sometimes life-threatening effects. Emergency room medical malpractice can leave patients with damages that they may never fully recover from. These damages can not only leave a long-lasting physical burden on a person they can also leave a financial one as well, as the expenses from medical treatments can leave patients with a lifetime of debt. If you or a loved one has suffered from the damages of medical malpractice in the emergency room, you may be eligible to collect significant monetary compensation. At Normandie Law Firm our skilled emergency room medical malpractice attorneys can assist you in suing the emergency room for any negligence that may have occurred while under their care. If you have any questions after reading this article, feel free to contact our law firm for a free legal consultation.

Emergency Room Malpractice
Our Los Angeles medical malpractice attorneys have seen many instances of malpractice and negligence in the emergency room. Medical malpractice is considered to be any act or lack thereof, by a physician during treatment of a patient that deviates from what are the accepted norms of practice within the medical community, and causes injury or direct harm to the patient. Medical malpractice can occur in any procedure, from something as simple as being prescribed medicine from your regular doctor to intensive open heart surgery. Medical malpractice can also occur anywhere, from corner street clinic to upscale hospital. For the sake of this article, we will be discussing medical malpractice in emergency rooms. Emergency rooms can often be quite hectic as patients are rushed in without warning, and medical professionals are tasked with both diagnosing a patient right away, but also initiating treatment immediately as well. While the emergency room can be a chaotic place, medical malpractice in the emergency room is treated with the same legal importance as anywhere else. Medical malpractice in the emergency room can include errors like:

  • Failure to treat
  • Missed diagnosis
  • Understaffing
  • Inadequate training of personnel
  • Medication errors
  • Unsanitary conditions
  • Inadequate diagnostic tools
  • Patient “dumping.”
  • Wrong diagnosis
  • Failed to diagnose
  • Birth injury
  • Object left inside patient
  • Surgery errors

These are just some of the errors that can cause medical malpractice in an emergency room. Regardless of the circumstances though if you were sent home and your condition worsened, or if the intended reparative surgery caused more harm than good you may be eligible to file a medical malpractice lawsuit against the emergency room for their mistakes. Some of the common injuries that a patient can endure as a result of emergency room medical malpractice include the following:

  • Appendicitis
  • Stroke
  • Brian aneurysm
  • Pulmonary embolism
  • Internal bleeding
  • Hemorrhaging

Emergency room personnel are often on duty for up to twelve hours, making them overworked and under rested. This makes the odds for mistakes far greater than that of a traditional hospital or clinic visit. However, all medical professionals, even emergency room personnel, are expected to uphold a level of care for their patients regardless of the situation.

Can You Sue The Emergency Room For Damages?
Hospitals and medical professionals that serve in them are responsible for the care and safety of their patients. In the event that this standard of care is not adhered to, the injured patient can sue the hospital, emergency room doctor, or emergency room for compensation for their injuries. However, proving a case for medical malpractice can be incredibly challenging and there are a variety of expectations that need to first be met before you can file a successful lawsuit. While it is in your best interest to seek proper legal representation to better pursue your case, it is incredibly helpful to be aware of these case requirements. These medical malpractice case requirements are as follows:

  • The existence of a doctor-patient relationship: Patients who think they have experienced medical malpractice in the emergency room must be able prove that there was a physician-patient relationship. This relationship essential means that there was a agreement wherein the patient agreed to be treated, and the physician agreed to treat said patient.
  • The physician’s negligence: The patient must be able to prove that the doctor or physician’s negligence caused the damages endured. The physician’s care is not expected to be perfect; however, it must at least be reasonably skillful and careful. Almost all states across the U.S require that the patient present a medical expert in court as to discuss what the appropriate medical standard of care should have been, and how the defendant breached that standard
  • The physician’s negligence caused the injury: The patient must be able to show that it is ‘more likely than not’ that the physician’s specific actions directly caused the injury the patient is suffering from. In order to do this, a patient must retain a medical expert to testify that the physician’s negligence caused the injury
  • Injury led to specific damages: The patient must be able to prove that they have suffered from specific damages caused by the injury. Some of these specific damages include: physical pain, mental anguish, medical expenses, lost work, or lost earning capacity.

While these aspects are required for a successful medical malpractice case, it is incredibly important to retain the assistance of a medical malpractice attorney. A skilled attorney can help you sue the hospital emergency room for the misdiagnosis, inadequate treatment, or any other form of medical malpractice that you have endured. A attorney can help you navigate some of the subtle nuanced requirements that surround medical malpractice cases. Some of these underlying complexities include:

  • Statute of Limitations: The statutes of limitations that surround any case are the specific deadlines wherein you can bring their case to court. If this deadline is ignored, then it is likely that you could find your case dismissed entirely. In most states, the time for bringing a medical malpractice case forward, is somewhere between six months and two years (depending on the state) a lawyer will help in determining the best time to submit your case.
  • Medical Malpractice Review Panels: A number of states require that injured patients submit their claim to a medical malpractice review panel. This panel is made up of medical experts who will hear your argument, review the evidence and expert testimony, then decide whether malpractice is evident in your case. This panel does not award damages to patients, however, it is an obstacle that must be overcome in order to take your medical malpractice case to court.
  • Special Notice Requirements: In some states, patients are required to give the physician a notice of the malpractice claim in the form of a basic description. This is done before a patient can file anything.
  • Expert Testimony: In medical malpractice cases, expert opinions are crucial to the success of a case. State rules vary in determining what makes an individual qualified to provide this testimony, but in most cases it is someone who has experience in the same field of medicine that involved the patient’s injuries.
  • Limits on damage awards: Some states establish a limit on the amount of money that a patient can be awarded for their damages. Seeking legal assistance can help in determining if this award cap applies to you and your case

Having a skilled attorney on your side can make the difference between filing a successful medical malpractice lawsuit against a emergency room, and having your case dismissed from court entirely. Our Los Angeles attorneys have years of experience in this field, and they know what it takes to win your case.

How Normandie Law Firm Can Help
If you’re looking for an emergency room medical malpractice attorney in Los Angeles, you have found the right place. At Normandie Law Firm our skilled Los Angeles emergency malpractice lawyers can assist you in claiming compensation for the damages that you have endured. If you file your malpractice lawsuit claim against an ER with us, you may find some if not all of the following damages compensated to you:

  • Past & Future medical expenses
  • Loss of wages
  • Loss of potential future income
  • Emotional Damages (Depression, anxiety, PTSD, etc…)
  • Pain & Suffering
  • Punitive damages

Contact our law firm today, and we can help you sue not only the emergency room physician but also the hospital for which the ER belongs to. While our attorneys are based out of Los Angeles, we also practice in San Jose, Oakland, San Francisco, Sacramento, Fresno, San Diego, Orange County, Stockton, Bakersfield, and throughout the entire state of California. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Call now for a free consultation by one of our skilled attorneys, and we can guide you down the path of receiving proper compensation for your damages.



 

 

 

 

 

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