Injuries resulting from emergency room malpractice can occur when medical professionals do not give proper attention to patients, disregard their concerns, or neglect to order necessary tests or seek input from specialists. If you or a loved one have suffered an emergency room injury as a result of seeking treatment, here is what you need to know.
Examples of Emergency Room Malpractice
Medical malpractice claims in an emergency room setting typically stem from two main sources: misdiagnoses and incorrect procedures.
One aspect of misdiagnosis involves the failure to identify a medical condition. This includes making an incorrect diagnosis. Mistakes can also happen during surgical procedures, leading to errors like performing the incorrect procedure or operating on the wrong site.
Additional examples of medical malpractice that may occur in the emergency room include the following:
- Errors in medication administration
- Improper discharge
- Delayed treatment
- Errors in testing or laboratory work
- Discharging a patient due to insufficient insurance or financial resources
- Lack of proper follow-up
- Failure to identify conditions that need follow up diagnosis and testing
It is important to acknowledge that these errors can have dire consequences, including harm to the patient's health and, in the most tragic cases, even wrongful death.
Your Rights When Visiting an Emergency Room
Patients are entitled to certain rights when seeking emergency care, such as:
- Treatment - Hospitals are required to provide necessary treatment to patients, ensuring their condition is stabilized. In cases where a hospital is unable to stabilize a patient's condition, they must offer to transfer them to another facility.
- Information: Hospitals are required to offer prompt screening and provide clear explanations about diagnosis, treatment options, prognosis, and alternative treatments in a way that is easy for patients to understand.
- Informed Consent: Patients are entitled to participate in care planning and treatment decisions, as well as to express their preferences or decline treatment.
The Emergency Medical Treatment and Active Labor Act (EMTALA) is a federal law that mandates hospitals to provide necessary treatment to all individuals who arrive at the emergency room, regardless of their insurance status.
Did You Suffer From an Emergency Room Injury in Philadelphia, PA?
If you have been injured in an emergency room due to substandard care, you may have a medical malpractice claim. Our lawyers and doctors are ready to fight on your behalf.
We provide free and confidential evaluations of potential cases. Kline & Specter handles cases in Pennsylvania, New Jersey, Delaware, and New York. For cases outside those states, the law firm works with local attorneys in each state as applicable.
Contact us at (215) 772-1000 to find out if you have a valid legal claim.