Emergency Room Negligence

When you entrust your health to an emergency room team, the expectation of competent and timely care is clear. If that trust is broken due to malpractice, the impact can be both devastating and long-lasting.

At Rosenfeld Injury Lawyers, we understand these challenging circumstances and want to do everything we can to help you and your family. Keep reading to learn more about emergency room malpractice, who could be liable, and what you might be entitled to in your quest for justice.

Types of Emergency Room Medical Malpractice

Emergency room medical malpractice occurs when healthcare professionals in high-stress, fast-paced emergency rooms fail to meet the standard of care, resulting in harm to the patient. Some of the common scenarios that occur in emergency rooms include:

• Misdiagnosis or Delayed Diagnosis: This occurs when emergency room doctors or other medical professionals fail to correctly diagnose a serious medical condition promptly, like internal bleeding, for example, leading to delayed medical treatment or no emergency medical treatment at all, which can worsen the patient’s condition.
• Medication Errors: Errors in prescribing or administering medication in emergency rooms can include giving the wrong medication, incorrect dosage, or medication to which the patient has a known allergy.
• Improper Use of Medical Devices: An emergency room medical provider may misuse medical equipment or fail to use it when necessary, which can lead to patient harm, such as incorrect intubation techniques or failure to monitor vital signs.
• Failure to Order Proper Testing: An emergency room doctor or other personnel may neglect to order necessary tests based on the patient’s symptoms, potentially missing critical diagnoses.
• Premature Discharge: Discharging patients too early without ensuring their condition is stable can result in complications or death.
• Surgical Mistake: During an emergency room visit, patients trust that the healthcare provider will perform at their highest level of skill and care, especially when surgery is required.

Common Causes of Errors in Hospital Emergency Rooms

Emergency rooms are high-pressure environments where medical staff must make rapid decisions with limited information. Causes of common emergency room mistakes include:

• Overcrowded Emergency Rooms: This can lead to rushed examinations and increased chances of oversight.
• Not Enough Medical Staff: Fewer medical personnel to attend to the patients properly increases the risk of medical mistakes.
• Incomplete Patient History: Often, emergency room staff have minimal access to a patient’s medical history, which can lead to medical misdiagnosis and ultimately, serious injury or wrongful death.
• Emergency Room Physician Fatigue: Long shifts and the stressful nature of emergency medicine can lead to fatigue, impairing decision-making abilities.

The Consequences of Emergency Room Errors

The consequences of a Chicago emergency room error can range from minor to severe, impacting a patient’s life and well-being. Common consequences of these medical errors include:

• Worsened medical conditions
• Additional medical treatment to correct the error
• Increased medical costs
• Psychological damage from being injured by someone the patient should be able to trust.

The Statistics of Emergency Room Errors

Common emergency room errors can significantly compromise patient safety, making it important to understand how often this occurs. Here are statistics that illustrate the scope of emergency room errors:

• There are 130 million emergency department visits in the U.S. each year [1]
• The estimated rate of diagnostic error in these ED visits is 5.7% [1]
• Misdiagnosis-related harms occur at a rate of approximately 2% [1]
• This translates to more than 7 million errors per year [1]
• Serious misdiagnosis-related harms, including potentially preventable permanent disability or death, happen at a rate of about 0.3% or an estimated 350,000 patients [1]

Emergency Room Mistakes as Grounds for a Medical Malpractice Claim

Hospital emergency room errors can form the basis of a medical negligence case, provided specific criteria are met. A viable case typically requires demonstrating that the care received was below the accepted standard, directly leading to harm or injury.

Your Chicago medical malpractice attorney needs to be able to prove:

Duty of Care

Healthcare professionals in the emergency room have a legal obligation to provide care that meets established medical standards. This duty is inherent to the professional responsibilities that are created by a doctor-patient relationship, ensuring that every patient receives competent and attentive treatment.

Breach of Duty

A breach occurs when medical personnel fail to fulfill their duty of care to a patient. This can happen through acts of negligence, failing to obtain informed consent, errors in judgment, or omitting necessary medical procedures, resulting in substandard care that falls below the accepted medical community standards.

Causation

For a medical malpractice claim to be successful, there must be a direct link between the breach of duty and the patient’s injury. It must be demonstrated that the Chicago emergency room error or negligence directly caused, or significantly contributed to, the harm experienced.

Damages

Once causation is established, the patient must also demonstrate that they have incurred specific damages as a result of the error. These can include physical harm, additional medical expenses for corrective treatment, lost wages due to an inability to work, and non-economic damages like pain and suffering.

Damages You Can Recover Through ER Medical Malpractice Claims

In the unfortunate event that you experience an emergency room error from medical providers leading to injury or aggravation of an illness, an ER medical malpractice lawyer can help you seek compensation for your losses. The following are the most common types of damages you could be entitled to in a medical malpractice case:

• Economic Damages: Economic damages refer to tangible losses that have a specific monetary value associated with them. This includes medical bills incurred from the malpractice, future medical care, lost wages due to the inability to work, and any other financial losses directly linked to the injury.
• Non-Economic Damages: Non-economic damages compensate for losses that are more subjective and do not have a direct monetary value. These can include pain and suffering, mental anguish, loss of consortium, and the emotional distress caused by emergency room malpractice.
• Wrongful Death Damages: In tragic circumstances where medical malpractice leads to a patient’s death, surviving family members can pursue a claim with the help of our Chicago wrongful death attorneys. Both economic damages can be recovered, such as funeral and burial expenses, the loss of the deceased’s future earnings, and non-economic damages for the loss of companionship and emotional support.

The Value of Your ER Medical Malpractice Lawsuit Settlement

When pursuing ER medical malpractice lawsuits, several factors can impact the settlement amount. These include:

• Extent of the injuries
• Medical costs
• Loss of income
• Insurance policy limits
• Defendant’s willingness to negotiate
• Strength of the evidence

In Illinois, there are no statutory caps on damages for Illinois medical malpractice cases. This means fair compensation for both economic damages (like medical bills and lost wages) and non-economic damages (such as pain and suffering) is not limited by law, allowing for potentially large settlements based on the merits of the case.

Liability for Emergency Room Malpractice Cases

In cases of emergency room malpractice, various parties may be found liable, including one or more of the following:

• Emergency room physicians: Often the front line in ER care, if their actions deviate from standard practices leading to harm, they can be held directly responsible.
• Nurses and emergency room staff members: If errors stem from the actions of nursing or support medical staff, such as medication mistakes or failing to review a patient’s medical records, these emergency room staff can also be liable.
• Hospital systems: Facilities can be held accountable for systemic issues such as understaffing, inadequate training, or failure to follow safety protocols.
• Third-party contractors: Sometimes, specialists or external services involved in patient care might contribute to errors, making them potentially liable as well.

The Importance of Hiring a Chicago Emergency Room Error Lawyer

Hiring an experienced Chicago emergency room error lawyer is crucial for navigating the complexities of medical malpractice claims. At Rosenfeld Injury Lawyers, we understand the intricacies of Illinois law and the profound impact that emergency room errors can have on patients and their families.

Here’s why we’re the right choice:

• Expertise in Illinois Medical Malpractice Law: Our team specializes in medical negligence and is deeply familiar with Illinois statutes and case law. This knowledge is vital for effectively managing and arguing your case.
• Experience with Emergency Room Error Claims: We have a proven track record of successfully representing clients who have suffered due to emergency room mistakes. Our understanding of the unique challenges these cases present allows us to effectively advocate for our clients.
• Comprehensive Support and Resources: We offer comprehensive legal services, from investigating your claim to negotiating settlements or representing you in court. We also have access to medical experts who can provide essential testimony regarding the standard of care and how it was breached.
• Commitment to Maximizing Compensation: Our goal is not just to win your case, but to ensure you receive the maximum compensation possible. This includes covering medical bills, lost wages, pain and suffering, and any other related damages.
• No Upfront Costs: We operate on a contingency fee basis, meaning you do not pay us unless we win your case. This policy ensures that legal representation is accessible to everyone, regardless of their financial situation.

The Time Limit to File an ER Medical Negligence Claim

In Illinois, the statute of limitations for filing a medical negligence case, including those related to emergency room errors, is generally two years from the date the patient became aware of, or should have become aware of, the injury.

This rule has exceptions that can extend or, in rare cases, reduce the time frame allowed for initiating legal action. For example, claims involving minors or cases where the negligence was concealed may be granted additional time.

Given these complexities, it is crucial to consult with knowledgeable ER injury attorneys who specialize in medical malpractice as soon as possible following an incident.

Contact a Chicago Emergency Room Malpractice Lawyer Today!

If you’ve suffered due to malpractice in an emergency room setting, it’s vital to have legal representation who knows how traumatic these experiences can be and is committed to advocating on your behalf.

At Rosenfeld Injury Lawyers, we handle all cases on a contingency fee basis, meaning you pay nothing unless we recover financial compensation for you. This allows you to seek the legal help you need from a top-notch law firm no matter your financial situation.

Contact us today to schedule a free initial consultation to discuss your case with our emergency room error lawyers. Contact us through our online form or call us at (888) 424-5757 to schedule a consultation.

Specific Cases We Handle

• Chicago Hospital Patient Fall Lawsuit
• IV Infiltration Lawsuit Lawyer
• Medical Malpractice Statute of Limitations by State
• Chicago Medical Misdiagnosis Lawyer
• Chicago Medication Error Lawyer

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Buffalo Grove, Decatur, Naperville, Rockford and throughout Illinois.

Resources: [1] NIH

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.