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.
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.
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Tawwater Law Firm, PLLC provides a free consultation and works on a contingency fee basis. This means you will not owe us any payment while your case is in progress, and our fees will come out of the eventual settlement or jury award. If no compensation is awarded, you owe us nothing. Contact Tawwater Law Firm, PLLC today.