ER Errors

Kentucky Emergency Room Error Attorneys

Representation in Lexington and Louisville when you’re injured at the hospital

We go to the emergency room when we have an injury or condition that simply cannot wait. The ER is just what it sounds like – an area for emergency medical situations. When ER physicians, nurses, or other professionals make mistakes, emergencies can quickly turn life-threatening. Easily treatable conditions and injuries can become fatal. In urgent situations, negligence can result in tragedy.

If you or a loved one suffered harm because of an emergency room error, the Kentucky attorneys at Wilt & Associates, PLLC want to talk. We have both the experience and the resources you need when injured due to an emergency room mistake. In fact, our founder and lead attorney, Ron Wilt, is a former medical malpractice defense lawyer, giving us a unique perspective on deftly handling these types of claims. Contact us in Lexington or Louisville today.

What is an emergency room error?

Emergency room errors are a form of medical malpractice where medical or healthcare professionals make mistakes in ER or urgent care settings that result in serious injuries or deaths. Anyone involved in the emergency care process can act negligently, including doctors, nurses, paramedics, technicians, pharmacists, and others.

An article in the National Library of Medicine discussing medical errors states that “High error rates with serious consequences are most likely to occur in intensive care units, operating rooms, and emergency departments.” [emphasis ours]

The authors also noted:

A study by Sklar, D.P., et al., addressing unanticipated deaths occurring within seven days after emergency department discharge made several observations. There were 30 deaths per 100,000 discharges, half of which were unexpected but related to the ED visit and 60% of which involved a possible error.

Busy and chaotic emergency rooms unfortunately provide a variety of opportunities for careless and negligent mistakes to occur.

What are some examples of Kentucky emergency room mistakes?

The National Library of Medicine article states that, often, medical “errors are caused by faulty systems, processes, and conditions that lead people to make mistakes or fail to prevent them… Of course, individuals should be still held accountable when an error can be attributed to them.”

Some of the most common emergency room errors that can potentially harm patients include:

  • Triage errors, when staff fails to prioritize patients with immediate and life-threatening conditions
  • Diagnostic errors, which includes both failure to diagnose and misdiagnosis of a condition or injury
  • Communication errors, including discharge errors, failure to inform, poor documentation, and more
  • Medication errors, like the wrong medication, errors in dosage, failure to check for allergies, or dangerous drug interactions
  • Failure to order tests, or failure to correctly interpret diagnostic tests

Any of these mistakes can lead to a worsening of a patient’s condition, often leading to disabling injury and, in the worst cases, fatal outcomes.

What injuries can result from emergency room errors?

The majority of ER mistakes end up making the patient’s original condition worse. One example would be a patient presenting with symptoms of a heart attack being sent home without proper testing, and later dying from cardiac arrest. However, this is just one of nearly limitless scenarios. Other injuries and complications arising from emergency room errors can include:

  • Strokes
  • Aneurysms
  • Deep vein thrombosis
  • Hospital-acquired infections

If you believe your or your loved one’s injuries were a result of emergency room negligence, talk to the Kentucky malpractice attorneys at Wilt & Associates to determine who should be held liable.

How do I know if I have a case against a Kentucky emergency room?

There are many instances in which you might hold the hospital accountable for the negligent actions of an emergency room care provider. Some of the most common reasons to file a lawsuit against a Kentucky ER can include:

  • The caregiver is an employee of the hospital
  • The hospital fails to inform patients that a caregiver has privileges but is not an employee
  • The hospital employs incompetent staff
  • The hospital has outdated or inappropriate rules and regulations that led to the illness or injury

Hospitals are typically liable for the actions of their staff. But, just because a physician, nurse, surgeon or other healthcare provider sees you at the hospital doesn’t mean they are actually employed by that hospital. Some staff members are independent contractors, which could help the hospital escape culpability. However, this is only true if patients are properly informed that a caregiver is not a hospital employee.

Talk to a Kentucky hospital malpractice attorney at Wilt & Associates to find out more about the specifics of your potential case.

Is there a cap on damages for medical malpractice cases in Kentucky?

Many victims of medical malpractice believe that the state of Kentucky has a cap on the amount of compensation they can recover from both the liable party and the hospital in their medical malpractice lawsuit.

Although damage caps do exist in other states, Kentucky does not put a limit on the amount of damages you can recover in your claim. This means you have the opportunity to recover maximum compensation for your losses if your medical malpractice lawsuit is a success. Let us help.

How long do I have to file my emergency room error claim?

The statute of limitations for Kentucky medical malpractice lawsuits is one year. This means you have one year from the date that your injury or illness occurred, or from the date you are diagnosed with such a condition, to get your claim filed. If the malpractice statute of limitations expires before your lawsuit is filed, you will no longer be able to secure compensation for your losses.

This is why it’s so important to contact an experienced Kentucky attorney from Wilt & Associates as soon as possible after your injury so we can get started building a strong case on your behalf.

Do you have an emergency room error attorney near me?

Wilt & Associates has offices in Louisville and Lexington:

Louisville Office

13113 Eastpoint Park Blvd. Suite A
Louisville, KY 40223
Phone: 502-253-9110

Lexington Office

196 W. Lowry Lane, Suite 1
Lexington, KY 40503
Phone: 502-461-1481

If you are too injured or ill to travel to us, we can arrange a phone or video conference. We also make hospital visits when necessary.

Dedicated Louisville and Lexington emergency room error lawyers

Urgent care and ER physicians can make an emergency health situation worse when they act negligently on the job. To learn more about how a reputable Kentucky emergency room error lawyer at Wilt and Associates can help you get the most out of your claim, schedule a free, no-obligation consultation. Please call 502-253-9110 or fill out our contact form today. We maintain offices in Lexington and Louisville, and proudly serve clients throughout Kentucky.