An incident in a Philadelphia hospital waiting room not only captured front-page headlines but also underscored the growing hazards patients face in seeking emergency care throughout the United States.
Joaquin Rivera, a 63-year-old school counselor, suffered an apparent heart attack and died in the emergency room after waiting an hour and nineteen minutes for help. While he was incapacitated, three people described as homeless drug addicts stole his watch. (Watch the TV news clip)
While the theft was the focus of news stories, Rivera’s death exemplified what some experts term a “national crisis” in emergency room care. As ER patient demand increases and the number of facilities shrinks, overcrowding has resulted in longer waits and, ultimately, poorer care.
If you or a loved one suffered a severe injury or death due to poor or delayed treatment at a hospital emergency room in Pennsylvania, New Jersey or Delaware, you may want to contact an attorney. Kline & Specter, PC, a Philadelphia law firm with more than 50 lawyers, five of whom are also doctors, has the experience to litigate emergency room lawsuits. The firm offers free medical malpractice case evaluations and represents clients throughout Pennsylvania, New Jersey, Delaware and nationwide.
Kline & Specter has handled and is currently litigating a number of emergency room cases, including one in which a middle-aged father of two was evaluated by a physician assistant for chest pain and discharged with a diagnosis of a gastrointestinal malady. Ten hours later, the patient suffered cardiac arrest and died.
Other Kline & Specter emergency room cases include that of an improperly intubated baby who suffered oxygen deprivation and died, misdiagnoses of a young man’s epidural abscess which resulted in paralysis, and the death of a four-year-old boy who was kept waiting for three hours in an ER waiting room and then never administered a prescribed medication to prevent seizures and his eventual cardiopulmonary arrest. In another case, a middle-aged man was discharged by ER personnel despite showing symptoms of stroke and later died after suffering extensive hemorrhagic bleeding in his brain.
The Institute of Medicine (IOM) in a report several years ago noted the myriad of problems faced by emergency rooms. It noted that the number of patient visits grew by 26 percent over a 10-year period (1993-2003), while over the same time the number of emergency departments declined by 425 nationally with nearly 200,000 fewer hospital beds available.
This resulted in longer waits and also ambulances being diverted from crammed ERs to other hospitals that were often further away. The IOM report tallied such diversions at 500,000 yearly, or roughly one every minute.
The report also noted that three-quarters of hospitals said they had difficulty finding specialists, such as neurosurgeons, to take emergency and trauma calls. And because of a growing lack of health insurance, many on-call specialists wound up getting no compensation for treating emergency room patients.
Many emergency rooms also were not equipped to handle young patients, the report said, with most children – who comprise about a quarter of all ER visits – treated at general hospitals less likely to have pediatric expertise and equipment as do children’s hospitals.
Steps to Take After an Emergency Room Injury
After an emergency room injury, follow these essential steps:
- Seek immediate care to address the injury.
- Document your experience. Include dates, times, and detailed descriptions of the events leading to the injury.
- Gather contact information from any witnesses.
- Obtain copies of all medical records.
- Report the incident to the hospital administration.
- Consult with a skilled emergency room attorney at Kline & Specter, PC. They can assess your case and guide you through the legal process.
Common Emergency Room Errors
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Common emergency room errors include:
- Misdiagnosis
- Delayed diagnosis
- Medication errors
- Surgical errors
- Improper discharge
Researchers estimate that among 130 million annual emergency department visits in the United States, 7.4 million patients are misdiagnosed, and 2.6 million suffer an adverse event as a result. About 370,000 also suffer serious harm from diagnostic errors.
At Kline & Specter, PC, our attorneys have decades of experience handling these complex cases. They work hard to ensure victims receive the justice and compensation they deserve.
How to Prove Negligence in Emergency Room Situations
To prove negligence in emergency room situations, you must demonstrate that the healthcare provider breached their duty of care and directly caused harm. This involves gathering evidence, including:
- Medical records
- Expert testimonies
- Witness statements
Attorneys at Kline & Specter, PC, meticulously investigate each case. Their extensive knowledge and resources help them build strong claims and hold negligent parties accountable.
The Impact of Emergency Room Overcrowding on Patient Care
Emergency room overcrowding significantly impacts patient care. It often leads to longer wait times, rushed medical assessments, and an increased likelihood of errors. Patients may also experience delayed treatments or be prematurely discharged, which can exacerbate their conditions.
Kline & Specter, PC, understands these challenges and their potential consequences. Our attorneys advocate for the rights of individuals affected by overcrowded emergency rooms. They ensure that patients receive the compensation and care they need to recover.
FAQs
What Rights Do I Have if I'm Injured in an Emergency Room?
If you're injured in an emergency room, you have the right to receive competent and timely medical care.
If negligence occurs, you have the right to seek legal recourse. This includes filing a malpractice claim against the hospital or medical professionals responsible for your injury.
Can I Sue for Delayed Treatment in an Emergency Room?
Yes, you can sue for delayed treatment in an emergency room if it results in harm. Delayed treatment can constitute medical negligence if it:
- Falls below the accepted standard of care
- Causes injury or worsens your condition
The Kline & Specter PC attorneys have extensive experience handling such cases. They help victims hold healthcare providers accountable and secure compensation for their damages.
What Are the Typical Outcomes of Emergency Room Malpractice Lawsuits?
Typical outcomes of emergency room malpractice lawsuits can include financial compensation for:
- Medical bills
- Lost income
- Pain and suffering
- Punitive damages
The outcomes depend on the specifics of each case. This includes the severity of the injury and the degree of negligence involved.
At Kline & Specter, PC, we strive to achieve the best possible results for our clients. We ensure they receive the justice and financial recovery they need to move forward.
Why Choose Kline & Specter, PC?
Choosing Kline & Specter, PC for your emergency room injury case means benefiting from unparalleled expertise and a proven track record of success. The firm's members have secured hundreds of multi-million-dollar verdicts and settlements, illustrating their commitment to achieving justice for their clients.
With a combination of in-depth legal and medical knowledge, Kline & Specter PC is equipped to handle the complexities of medical malpractice cases. Their 60 attorneys, five of whom are also medical doctors, will provide the best possible representation and help you receive compensation for your injuries.
Schedule an Emergency Room Injury Consult with Kline & Specter!
Call a Kline & Specter emergency room injury lawyer at 800-243-1100. You can also fill out the appointment request form in our contact page, and our staff will help you set up your personalized consult with our skilled legal team. We represent emergency room injury victims and their families in Philadelphia, New Jersey, Delaware and throughout Pennsylvania.