Emergency Room Errors

Unfortunately, not all medical professionals earn the trust that patients and their families place in them. When emergency room doctors and nurses commit malpractice, the results can be permanent and sometimes fatal.

If you or a loved one suffered because of errors in the emergency room, you will likely incur significant medical bills, miss time from work, and suffer other losses. You need a committed Georgia ER malpractice attorney to fight for the compensation that you deserve. Find out why clients turn to the Atlanta emergency room error lawyers of The Dixon Firm.

The ER is a fast-paced environment where doctors and nurses must quickly make important decisions that affect the health and well-being of patients. Often, these decisions are made with little or no background information about the patient, their medical history, or the details of their condition. As a result, many types of emergency room mistakes may point to ER malpractice. 

Malpractice is unreasonable conduct in light of the circumstances. Included in the definition of ER negligence is any sort of behavior that departs from the accepted standard of medical care that professionals should provide. The patient must prove more than the fact that a mistake was made. 

Instead, the evidence should show that the mistake was not one that a typical professional, in the same or a similar situation, would reasonably make. More specifically, the patient must prove:

• Duty of care: This means the healthcare provider had an obligation to provide care per accepted medical standards, often indicated by the doctor-patient relationship.
• Breach: A breach happens when the healthcare professional acts negligently or makes an error that a competent professional would not have made.
• Causation: Next, the patient must show that the breach was a direct cause of the injuries they suffered.
• Damages: Lastly, the patient has to prove both the nature and amount of their losses (see below).

There are numerous ways that doctors, nurses, and ER staff can fail to abide by the accepted standards of care and therefore commit ER malpractice. Some common examples include:

• Failure to diagnose (e.g., a heart attack or stroke): This category includes a delayed diagnosis, a missed diagnosis (one that was not made), and a misdiagnosis in the ER (an incorrect diagnosis). All of these can fail to treat the emergency properly.
• Delayed treatment: Whether the condition was diagnosed properly or not, the patient must receive prompt treatment to avoid serious medical problems or death. If this does not happen, the patient or eligible survivors may be able to file a delayed ER care lawsuit.
• Failure to order necessary tests: Part of proper medical care is ordering tests to diagnose a medical condition. When tests are not ordered or conducted, the patient may suffer.
• Improper discharge: Emergencies generally require intense, time-consuming treatment. However, the hospital may discharge the patient too early, which can lead to health complications.
• Medication administration errors: Doctors and nurses could prescribe or administer the wrong medication, in the wrong dosage, or at the wrong intervals. Medication administration errors in the ER may create new health problems.
• Triage mistakes: Triage refers to the process of sorting patients based on the severity of their medical problems. This affects which patients receive care and monitoring first. When ER staff make unreasonable triage mistakes, lives can be lost.

To sue a hospital for an ER mistake in Georgia, the victim must know who was at fault. The following parties may be liable, depending on the circumstances:

• Emergency room doctors: ER doctor negligence is often the prime factor in medical errors. It’s important to analyze the physician’s actions in light of the medical facts.
• Nurses: Similarly, negligent nursing care could harm the patient. Understanding the nurse’s role in the ER will help determine if they may be liable.
• Hospital administrators: Hospital liability is another consideration in emergency room errors. It’s possible, for example, that the treating physician was improperly screened or hired.
• Medical staff: Staff who were involved in triage or discharge decisions could also be to blame. Knowing the intricate details of the patient’s care can help uncover evidence of their fault.
  

  How Emergency Room Errors Harm Patients

ER malpractice injuries are among the worst due to the nature of emergencies and the severe risks they pose to health and life. Some of the specific harms include:

Health Complications

The decisions made in the emergency room don’t necessarily end there, but can extend to the patient’s overall care. The harm of an ER misdiagnosis, for instance, can continue long after the patient is discharged. The patient may not receive the care they need to heal, or they may receive risky, unnecessary treatments for a condition they don’t even have.

Long-Term Outcomes

Hospital negligence has consequences. Tragically, not all patients recover from their medical problems. Months or even years into the future, they may suffer from the mistakes that their doctors and nurses made. 

Although the emergency itself will end, a permanent disease, disability, or a decline in quality of life will continue.

Wrongful Death

The most severe consequence of emergency room errors is the death of the patient. Depending on when and how the patient dies, it could be difficult to trace the patient’s death back to the ER doctor or nurse. Nonetheless, expert witnesses can analyze the patient’s condition and explain whether it evidences wrongful death.

Patients who received poor ER care can file a Georgia emergency room malpractice claim. They should keep in mind a few important points about these lawsuits.

Time Limits for Filing

There is a deadline (statute of limitations) for ER error lawsuits. In Georgia, the victim must generally file the lawsuit within two years of their injury. If the lawsuit involves a surgical error, like a foreign object (e.g., surgical instrument) left in the body, the victim has one year from the date of discovery to file the claim. There is also a maximum five-year time period (statute of repose) that applies to all cases, regardless of when the injury is discovered.

What Evidence Is Needed

To successfully pursue an emergency room negligence lawsuit, the patient must have compelling evidence. This includes medical records, expert medical opinions, doctors’ notes, eyewitness statements, and income records from the patient’s employer. Anything about the patient’s medical, financial, and personal losses could prove relevant.

Use of Medical Experts

Under Georgia law, a medical malpractice victim must present an affidavit that is signed by a qualified medical expert. This affidavit must accompany the complaint and must explain at least one negligent act or omission that indicates malpractice. Experts can also discuss, in court or elsewhere during the lawsuit, such matters as the standard of care and future losses the victim will likely incur due to the emergency room error.

Damages Available

For most medical malpractice cases, victims can ask for economic and non-economic damages. Economic damages relate to quantifiable losses such as past and future medical bills, past and future lost income, prescription medication costs, and physical therapy. 

Non-economic damages are more subjective and include pain and suffering, emotional distress, and decreased quality of life. In rare cases of particularly egregious conduct, victims can ask for punitive damages.

You deserve a top Atlanta ER malpractice lawyer, and we strive to deliver personalized legal representation for every case we take. As a trusted emergency room error law firm, we are experienced with even the most complex ER cases. We have an in-depth understanding of hospital systems and the often bureaucratic relationships among key parties like administrators and doctors, and our goal is to sort out causation, identify all parties who may be held liable, and then build a case.

We also know that any medical malpractice case is intensely personal because it affects the most precious aspects of your life, such as your health and the financial well-being of your family. For that reason, we approach every matter with client-centered and compassionate representation, aimed at meeting your legal needs from start to finish. Our firm combines a local Atlanta presence with Georgia-specific legal knowledge to deliver exceptional counsel to our clients.

Can I Sue a Hospital for ER Mistakes in Georgia?

Yes, you can sue a hospital for ER mistakes in Georgia, provided you can meet the above requirements. For instance, you will need an affidavit from a medical professional alleging a negligent act or omission. You will also need to substantiate each element of a Georgia medical malpractice case. 

Your attorney will assist with these and other requirements.

What’s the Average Payout for ER Malpractice?

The exact payout in your case will depend on numerous factors, such as the nature of your injuries and their effects on your life. For this reason, there is not really an “average” payout.

What if I Didn’t Know the ER Made a Mistake?

If you are unsure, check with another doctor for a second opinion. Report any health problems you are experiencing, even if you do not know whether they stem from the previous care you received. Your doctor can evaluate your condition and help you determine whether it is connected with the ER you visited. 

Once you start your treatment regimen, see an experienced Atlanta emergency room error attorney.

If you received poor care but you are not sure what your legal options are, start with The Dixon Firm. We offer a free emergency room error case review here in Atlanta so you can make an informed decision about your next step. 

Contact us by calling us or completing our online form. We can schedule your initial no-cost consultation today.