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Can You Sue the Emergency Room for Medical Malpractice Mistakes?

Errors in the emergency room can be incredibly devastating to those who have to suffer through them. Often, patients are rushed into emergency rooms with little prior notice, and the emergency room staff are pressured to diagnose patients almost immediately. This chaotic nature can lead to frequent mistakes, which sometimes can be incredibly damaging or even life-threatening. However, like all medical professionals, emergency room staff are held to a standard of care that ensures patients are provided with reasonably skillful care. When this standard of care is neglected, and injuries are inflicted upon a patient, said patient has every right to sue the emergency room, or health care provider responsible. At one of the top law groups in Los Angeles, Normandie Law Firm, a skilled attorney with expertise in medical malpractice injury lawsuits can guide you through the process of building your case and filing a claim against those responsible for your damages. An experienced attorney can also help assist you in determining the injuries that can result in a lawsuit, and how best to pursue legal action for them. If you have any questions after reading this article, feel free to contact our Los Angeles law firm for a free consultation with a top-rated lawyer experienced in medical malpractice claims.

Can You Sue The Emergency Room For Diagnostic Errors?
Diagnostic Errors account for roughly 37-55% of all emergency room errors. A diagnostic error includes mistakes like misjudging symptoms, failing to diagnose, delaying diagnosis, determining an incorrect diagnosis, and leaving patients with a wrongful diagnosis. These medical mistakes can lead to severe injury and in some cases can even be life-threatening. Often patients who have experienced diagnostic errors from a medical professional are unsure whether or not they can file a lawsuit. To mitigate this question, yes, you can sue the ER for a diagnostic error. Medical professionals are expected to diagnose their patients accurately when this is not the case due to neglect said professional, or emergency room can be sued for the damages from a misdiagnosis.

Can You Sue The Emergency Room For Triage Errors?
Triage is defined as the assignment of degrees of urgency to wounds or illnesses to decide the most efficient order of treatment of a large number of patients. To put it simply, it is the process of determining the priority of the treatment of patients. This order is typically determined based on the severity of the injuries, and how immediate they may need proper treatment. When triage is not properly performed, patients could be left without treatment during crucial periods where treatment could save them from irreversible damage. When triage is poorly performed by emergency room staff, a damaged patient can sue them or the emergency room for their negligence to order patients properly.

Can You Sue The Emergency Room For Failure To Obtain A Thorough Medical History?
While emergency room staff are expected to make quick decisions under intense pressure, they are still responsible for seeking the patient’s medical history to ensure the needed treatment does not interfere with some previously administered treatment or medicine. Failing to obtain a patient’s medical history and performing a treatment on them anyway can lead to severe damages that can sometimes be life-threatening, especially if the patient has some serious allergy. If a patient suffers damages as a result of an emergency room staff or doctor failing to obtain proper medical records, then a lawsuit can be filed against them for compensation.

Can You Sue The Emergency Room For Overlooking Essential Information Given When Taking Medical History?
Medical professionals are expected to thoroughly examine all the details regarding a patient’s current condition and past medical history. When these factors are overlooked, a lawsuit can be filed against the nurse, doctor, or another physician for not thoroughly evaluating their patient. Emergency room staff are expected to do no different. They may have a shorter time span with which to assess a patient’s medical history, but the expectation to administer the correct treatment in accordance with that medical history remains unchanged. An emergency room nurse or doctor overlooking a patient’s medical history can result in severe damages for the patient if the treatment contradicts with a prior treatment or patient allergy. When these damages occur, the patient has every right to sue the emergency room nurse, doctor, or other staff with a medical malpractice lawsuit. An expert attorney who has experience in medical malpractice cases can help you receive a fair settlement.

Can You Sue The Emergency Room For Failing To Order Appropriate Tests?
As stated prior, emergency room staff and doctors are expected to fully evaluate their patients. This thorough examination goes beyond a simple overview of the patient’s medical history but also includes an in-depth testing of the patient’s current condition. To answer the question stated above, yes, you can sue an emergency room for failing to order the appropriate tests. Depending on the test, this error can be considered a misdiagnosis or a failure to diagnose. It is highly important that health care professionals thoroughly test the current condition of their patient as a wrongly performed treatment can lead to severe damages and even death.

Can You Sue The Emergency Room For Misreading Or Misinterpreting Test Findings?
Mistakes happen, and in the hectic atmosphere of an emergency room, it is easy to understand how things can be misinterpreted or misunderstood. However, a patient can still sue a hospital emergency room if a staff member or doctor fails to properly read a patient’s test findings. Medical professionals, especially those working in the emergency room, are trained to work under pressure and be able to make important decisions quickly and efficiently. When the test findings of a patient lead to damages like a failure to treat, or a misdiagnosis of a patient’s condition, that patient can file a medical malpractice lawsuit claim against the emergency room, physician, or hospital responsible for the damages endured. Contact an accomplished lawyer with experience handling medical malpractice claims for more information.

Can You Sue The Emergency Room For Medication Errors?
A medication error is defined as any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the healthcare professional, patient, or consumer. Clients often ask whether they can sue emergency rooms for medication errors. The answer is, yes, you can sue an emergency room for any medication error that you may experience. Just as healthcare professionals are expected to fully evaluate a patient’s medical history, test findings, and possible allergies, they are also expected to properly prescribe and administer the medication that best suits their patient’s condition. When this expectation is failed, a patient can file a medical malpractice lawsuit for compensation for their injuries.

Can You Sue The Emergency Room For Failing To Notify Patients Of Test Findings?
Healthcare professionals are expected to inform their patients of their current condition. After all, many seek medical attention for this very reason. When patients are not entirely notified of potential test findings, then the healthcare professional responsible for the patient’s medical assistance can be hit with a damaging lawsuit for their negligence. Properly notifying patients is a vital part of the standard of care that all medical professionals are expected to perform by. If this standard of care is failed, that professional can be held liable for any damages that may arise because of it.

Can You Sue The Emergency Room For Failing to Provide Follow-Up Instructions To Patient?
Failing to provide a patient with follow-up instructions can also lead to a damaging lawsuit. When a patient is not given the information needed to achieve a full recovery, they can often be sent home with worsening conditions. Patients without the proper information needed could find themselves in need of further medical attention which can place not only a significant physical burden upon them but a financial one as well.

Can You Sue The Emergency Room For Delaying Treatment?
When a patient’s treatment is delayed, they are put at significant risk for a worsening condition, or even the development of a life-threatening condition. It is up to healthcare professionals to not only administer the proper treatment but to administer treatment the moment it is needed. When this is failed upon a patient has every right to seek out an emergency room malpractice attorney to assist them in filing a lawsuit to sue the emergency room, emergency room staff, or hospital responsible for delaying their treatment.

How Normandie Law Firm Can Help
Having a skilled medical malpractice attorney on your side can make the difference between filing a successful claim for compensation and having your case dismissed from court entirely. If you or a loved one has experienced injury as a result of medical malpractice in the emergency room, you may be entitled to file a claim for significant monetary compensation. At Normandie Law Firm, one of our qualified attorneys with experience in medical malpractice cases can help you sue the emergency room responsible for your damages. While our law firm operates out of Los Angeles, our L.Attorneys also practice in Oakland, San Francisco, Sacramento, San Diego, Riverside, Orange County, Bakersfield, Fresno, and throughout the entire state of California.

FREE CONSULTATION: 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 experienced lawyers, and we can guide you down the path of receiving proper compensation for your damages.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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