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Can I Sue Emergency Room Staff for Medical Malpractice?

Posted by David Nemeroff | Oct 18, 2013 | 0 Comments

According to the Physician Insurers Association of America, the emergency room is one of the areas in a hospital that generates the most medical malpractice claims. Emergency rooms are often overcrowded while overworked medical staff tries to examine each patient. Patients are triaged by nurses according to the urgency of their condition. With this kind of system. It is not surprising that things get overlooked and patients are misdiagnosed and discharged when they should be admitted.

When preparing for a medical malpractice claim against an emergency room, there are important facts you should know. First responders often have high levels of protection against lawsuits. However, if a first responder is blatantly reckless or negligent, he or she may be liable for damages in a medical malpractice claim. First responders can include ambulance crews, EMTs, firefighters and the like.

The protections that are allowed to first responders do not extend to emergency room staff. This can include doctors, nurses and any other medical professional working in the ER. A hospital itself can be held liable of the negligent actions of its staff. It is important to note that many doctors work as independent contractors and are not actually employes by a hospital. However, in an emergency room situation, it may not be apparent to a patient that a doctor is not an employee of the hospital. When a patient is admitted to a hospital, it is often stated in admission form that a doctor may be an independent contractor. In an ER, it may never be made clear that this is the case, and therefore a hospital can still be liable for the negligence of a doctor.

Do I Need an Attorney for an ER Medical Malpractice Claim?

Medical malpractice claim almost always result in litigation. As will all personal injury claims, you are burdened with proving negligence. For medical malpractice, this will involve hiring expert witnesses to demonstrate that emergency room personnel deviated from the standard of care they should have provided. It is important to work with a medical malpractice attorney with the resources to hire expert witnesses and take your case to court in order to get you the compensation you deserve.

For more information regarding medical malpractice in an emergency room, call the Chicago Medical Malpractice Attorneys from Nemeroff Law Offices at 312-629-8800 or fill out our online contact form. 

About the Author

David Nemeroff

David Nemeroff was voted one of the Top 100 Lawyers in the entire state of Illinois (out of 83,000 lawyers) by Super Lawyers Magazine...


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