How to File an Emergency Room Negligence Lawsuit


If you have been treated in an emergency room without the required standard of care, you may have grounds for an emergency room negligence lawsuit. The following list of mistakes may be at fault: Diagnostic errors, inadequate staffing, and failure to properly examine. If you or someone you love has suffered due to negligence in an emergency room, contact a qualified emergency room negligence lawyer today. Listed below are some of the most common ER negligence mistakes, along with the legal remedies.

Standard of care in an emergency room

This case highlights the role of the standard of care in an emergency room. A standard of care is not a list of options or a guideline, but is determined by a particular set of circumstances. It varies depending on the situation, time, place, and person. Without absolute standards, doctors are sometimes forced to make arbitrary judgments. But understanding the concept of a standard can help physicians avoid being harmed by mistakes.

Diagnostic mistakes

Diagnostic mistakes occur at much higher rates in emergency departments than in inpatient hospitals. This study characterizes the types of errors that are most commonly reported, as well as their patterns, to identify priority areas for intervention. We analysed patient safety incident reports from hospitals in England and Wales and identified contributory factors and chain of events. The findings also provide recommendations for policy and practice. The findings suggest several ways to improve the safety of patients in emergency departments.

Insufficient staffing

The National Science Foundation has recognized the importance of timely healthcare access for patients and staff alike, and awards research grants to help hospitals solve this problem. One such company, Medecipher, works to improve operational decision-making within hospitals. The company has been awarded $225,000 for research to improve emergency department staffing. During the research, the company conducted extensive interviews and surveys of nursing leaders and ED nurses. The results indicate that adequate emergency room staffing is crucial for the safety of patients.

Failure to examine

One of the most common violations of the federal law on patient safety is failing to examine an emergency room within 72 hours. This violation is not limited to the ER. The emergency room must also be in compliance with the regulations for on-call physicians and posting signs in the emergency room that explain EMTALA rights. In addition, hospitals must have a list of on-call doctors available to treat patients, accept appropriate transfers from other hospitals, and not punish employees who report violations.

Punitive damages

When a doctor or hospital makes a mistake that results in an injury, punitive damages are appropriate. These damages are intended to punish the offender for their egregious behavior, and they also send a message to other health care providers. However, they are not always awarded. In some cases, punitive damages can be the best way to get the compensation you deserve.