Can You Sue an Emergency Room?

Having to go to an emergency room means that your health might be in a critical state. Any error or failure by healthcare professionals to follow the right procedure can result in more harm or even a fatality.

While emergency room doctors are constantly under pressure to make swift life-saving decisions, this fact doesn’t let them off the hook when negligence is involved.  

Therefore, if you or a loved one has suffered injuries in an emergency room, you might be eligible to sue and get compensated for the damages. To know if your case translates to negligence, consider reviewing the details with a professional personal injury lawyer near you from Wilt & Associates, LLC. An attorney will lay out the options for you and offer support should you plan to move forward with a claim. 

Proving Negligence in an Emergency Room 

Before you can sue an emergency room physician or entire hospital, you have to prove that these parties were negligent in one way or the other. This entails:

  • Proving a Doctor-Patient Relationship   In the emergency room, a doctor-patient relationship is established when the physician begins attending to the patient. Your admittance records will come in handy for this.
  • Showing the Actual Negligence – In medical malpractice claims, negligence involves a breached standard of care. This means that the emergency room doctor, nurse, or other staff failed to provide the standard care that any other competent equivalent professional would have offered. Your attorney might have to bring in an expert witness to prove this, such as a medical specialist. 
  • Proving That the Negligent Acts Caused Harm – Finally, you’ll have to show a direct relationship between the negligent acts and the damages that you’re looking to recover.

How Much Can You Recover from Emergency Room Malpractice?

The amount you can recover in a medical malpractice settlement depends on the circumstances of your case and the total damages. 

For instance, a patient who suffers lifetime disabilities due to emergency room negligence might receive higher compensation compared to one who recovers after a while and gets back to work.

When filing a claim, you’ll be seeking to recover economic damages, such as medical bills and lost wages, as well as non-economic damages, like pain and reduced quality of life. In rare cases, the judge might also award you punitive damages that are mainly meant to punish the defendant. 

Your medical malpractice lawyer will help you tally up all these damages and put a monetary value on your claim.

Speak with a Medical Malpractice Lawyer

There’s no excuse for medical errors and negligence, even in a busy department such as the emergency room. Any injuries arising from medical treatment offered in the ER should be investigated right away by a medical malpractice attorney so that legal action can be taken if necessary.

Talk to a lawyer from Wilt and Associates, PLLC, by dialing 502-253-9110 or using the contact form that’s below. 


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