Medical Malpractice in the Emergency Room

When you take yourself, your child, or a loved one to the emergency room, you expect to receive competent, professional, and appropriate care. Emergency rooms exist to help individuals in need of prompt medical attention, and we trust the doctors, nurses, and staff members who work in emergency rooms to take care of our medical needs.

There is no question that working in an emergency room is extremely stressful. With people’s wellbeing – and in some cases their lives – hanging in the balance, emergency room practitioners take on an extraordinary burden. However, this does not mean that emergency room patrons should be forced to accept substandard care. Negligence in emergency rooms is unacceptable, and victims of emergency room negligence are entitled to seek compensation through a claim for medical malpractice.

Common Examples of Emergency Room Medical Malpractice

The same medical errors that can give rise to malpractice claims in non-emergency room settings can give rise to claims for emergency room malpractice as well. Some of the more common forms of medical malpractice in emergency rooms include:

  • Anesthesia errors
  • Delayed treatment due to understaffing or administrative errors
  • Failure to diagnose
  • Medication errors
  • Misdiagnosis
  • Misreading medical records
  • Surgical errors

One key difference between emergency room and non-emergency room care is that doctors and hospitals have been successful arguing for a reduced standard of care in the context of an emergency. Given the frenetic nature of the event and the limited time available to perform tests and evaluate treatment options, it is possible that a decision or action that would give rise to a malpractice claim under normal circumstances would not rise to the level of a compensable error in an emergency room.

However, you should never assume that you are not entitled to compensation. If you or a loved one has suffered an illness or injury and you believe that an emergency room error is to blame, you should always consult an experienced medical malpractice attorney for a thorough case evaluation.

What if the Hospital Turned Me Away?

All hospitals that participate in Medicare (which is the vast majority of hospitals) are subject to a law known as the Emergency Medical Treatment & Labor Act (EMTALA). Under EMTALA, hospitals are prohibited from turning away patients, regardless of their ability to pay. If a hospital refused to treat you – even if the staff referred you to another facility – you may be entitled to pursue a claim against the hospital under EMTALA.

Speak with a Las Vegas Medical Malpractice Lawyer at De Castroverde Law Group Today

The medical malpractice attorneys at De Castroverde Law Group have decades of experience helping individuals throughout Nevada obtain just compensation for emergency room errors and other forms of medical malpractice. If you are concerned that you or a family member received substandard care in an emergency room, our team will conduct a thorough investigation to determine if you may be entitled to compensation.

To speak with one of our attorneys about what happened, call (702) 222-9999 or contact us online today.