Emergency room doctors and other medical staff are specially trained to deal with life-threatening situations quickly and competently. In the urgent, hectic environment of a hospital emergency room, it is understood that mistakes may occasionally be made. However, if a patient suffers injury or death because of ER negligence, a medical malpractice lawsuit is a reasonable response.

Emergency room patients can be the victims of misdiagnosis, improper monitoring, medication errors, and other potentially harmful or fatal mistakes. Tawwater Law Firm, PLLC has represented medical malpractice plaintiffs, including victims of emergency room errors, for more than 30 years. Our outstanding attorneys can represent you in an emergency room error lawsuit. Contact our Oklahoma City practice for more information.

doctors in an emergency room

Emergency Room Errors

It is the responsibility of ER personnel to stabilize the patient and determine if he or she needs to be admitted to the hospital for further care. Sometimes, an emergency room doctor overlooks a significant medical problem, failing to properly diagnose a patient. The patient may be discharged and told there is nothing wrong, resulting in potentially serious consequences. In other cases, a patient may be given a medication that causes an adverse reaction because of an allergy or interaction with other medications being taken. This may happen because a nurse or other personnel overlooked vital information provided by the patient on an admission form.

A hospital emergency room that turns a patient away without treatment is in violation of federal law and potentially guilty of medical malpractice. Any hospital that receives Medicare funding, which most all do, is subject to the rules of the Emergency Medical Treatment and Active Labor Act (EMTALA). Under EMTALA, the emergency room cannot turn anyone away, regardless of the person's ability to pay. Even if the ER transfers the patient to another hospital, liability can be found if the patient suffers from lack of immediate treatment.

Establishing Negligence

First responders in an emergency, including paramedics, firefighters and ambulance crew, are generally exempt from medical malpractice lawsuits. However, first responders can still be subject to malpractice if it can be proven that their reckless disregard or blatant negligence was the cause of a patient’s injury or death. First responder protection does not extend to doctors and employees of a hospital emergency room.

Not every patient can be saved in an emergency situation, and for medical malpractice to be found, a doctor or staff member must be shown to have behaved negligently. To establish negligence, it must be proven that a competent individual under the same circumstances would not have made the same mistake.

Medical Malpractice Experts

At Tawwater Law Firm, PLLC our attorneys have been practicing personal injury and medical malpractice law for over 30 years. We enjoy a solid reputation for attaining results for our clients, including many multi-million dollar settlements and jury awards. We give each client’s case our full attention, and can arrange for the assistance of medical experts to establish your case. We offer compassionate legal assistance to victims of negligence, and are committed to helping you obtain the compensation you need to rebuild your life after a catastrophic event or wrongful death.

The Tawwater Law Firm Office

The Tawwater Law Firm

The Tawwater Law Firm is dedicated to representing the people of Oklahoma in various types of personal injury lawsuits. For more than 40 years, our firm has adhered to the highest standards of hard work, professionalism, and responsive care for our clients.

To schedule a consultation at our Oklahoma City-based firm, please contact us online or call (405) 607-1400.

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Oklahoma City Office

14001 Quail Springs Pkwy
Oklahoma City, OK 73134

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