Emergency Room Malpractice
Emergency rooms can be busy, hectic, even chaotic, and the patients that file in have a wide range of medical needs, many of which are actual emergencies that could be life-threatening if not dealt with promptly and correctly. The fast pace of an emergency doesn’t excuse errors, though; quite the contrary. Emergency medicine physicians and nurses are trained to expect the unexpected and deal with multiple patients with different injuries and illnesses at the same time. Emergency medicine has its own standard of care, and healthcare professionals who violate that standard have committed malpractice, which means they can and should be held accountable for any harm they caused by their negligence.
At Rusk, Wadlin, Heppner & Martuscello, LLP, our compassionate and dedicated personal injury and wrongful death attorneys understand the complexity of cases involving emergency room malpractice. From our offices in Kingston and Marlboro, we help injury victims and their families in Ulster County and throughout the Hudson Valley get the right medical care and compensation after they’ve been hurt by a doctor’s or hospital’s negligence. Call us for a no-cost, confidential consultation to discuss any potential claims you may have.
What Constitutes Emergency Room Malpractice?
Emergency room malpractice occurs when healthcare providers in the ER setting deviate from the accepted standards of care, causing harm to the patient. This can manifest in various forms, including, but not limited to:
- Misdiagnosis or Delayed Diagnosis: Overlooking symptoms or failing to recognize the urgency of a medical condition can lead to a misdiagnosis or a significant delay in diagnosis.
- Medication Errors: Administering the wrong medication or dosage can have dire effects on a patient’s health.
- Improper Treatment: Choosing an inappropriate treatment plan or mismanaging a medical condition can exacerbate the patient’s situation.
- Failure to Order Appropriate Tests: Not ordering necessary medical tests can lead to a lack of crucial information for correct diagnosis and treatment.
- Failure to Consult Specialists: When ER staff fail to consult with medical specialists in critical situations, patient care can suffer.
- Unreasonably Long Waits: Around half of the ERs in the country are overcrowded, and the average wait time is over two hours to see a doctor. ERs have a duty to properly assess people who come in with a critical need for attention. Being understaffed or poorly managed is not an excuse; it’s evidence of negligence.
The implications of errors in the ER can be severe, ranging from prolonged recovery times to permanent disability, or in the worst cases, death. It is the role of our skilled personal injury attorneys to assess the impact of these errors and help clients in Kingston and the surrounding areas to seek the justice and compensation they deserve.
Proving Emergency Room Malpractice in New York
To establish a claim for emergency room malpractice, several legal elements must be demonstrated:
- Duty of Care: It must be shown that the medical professional had a duty of care toward the patient. This duty exists when the patient is admitted to the hospital, if not earlier.
- Breach of Standard of Care: There must be evidence that the healthcare provider failed to adhere to the standard of care that a reasonably competent professional would have provided under similar circumstances.
- Causation: The breach in the standard of care must be the direct cause of the injury. Expert medical testimony is required to prove the harm caused by the medical malpractice.
- Damages: The patient suffered quantifiable harm as a result of the malpractice. This element can be complicated to prove, as patients presenting to the ER may already be suffering from significant harm.
The attorneys at Rusk, Wadlin, Heppner & Martuscello, LLP are adept at navigating these complex criteria and working with medical experts to build a compelling case for their clients.
Our law firm boasts a rich history of representing clients in Kingston, NY, and the Hudson Valley with a deep understanding of the intricacies of medical malpractice law in the state. With a detailed-oriented approach to litigation and a compassionate understanding of the hardships you face, our personal injury attorneys are equipped to provide the robust representation necessary to address the full spectrum of emergency room malpractice scenarios.
We are dedicated to helping you through the process, from investigating the incident and gathering evidence to negotiating with insurance companies and, if necessary, fighting for your rights in court. Our goal is to secure the compensation you need to cover medical expenses, lost wages, as well as pain and suffering.
Call Today for Justice and Accountability After Emergency Room Malpractice Errors in New York
If you or a loved one has suffered due to emergency room malpractice, time is of the essence. Contact Rusk, Wadlin, Heppner & Martuscello, LLP today to schedule a consultation with one of our knowledgeable personal injury attorneys. Let us help you navigate the legal complexities and work toward a resolution that supports your recovery and well-being. Call 845-331-4100 in Kingston or 845-236-4411 in Marlboro for immediate assistance. You can also reach us toll-free throughout the Hudson Valley by calling 800-5666-4101.