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What You Need to Know About Medical Malpractice in the Emergency Room What You Need to Know About Medical Malpractice in the Emergency Room

Bronze medal Reporter Frank A. Ashton - Jacksonville Personal Injury Attorney Posted 25 Nov 2015 Read More News and Blogs
What You Need to Know About Medical Malpractice in the Emergency Room

Did you know that there are special rules applied for an injury sustained in any emergency medical care situation? What it all boils down to is who is responsible for the injury, because not all individuals are responsible for absorbing liability.

In the majority of cases, first responders are protected from lawsuits. It’s important to understand that even though there are no such protections applicable for nurses and doctors in the emergency room, by their very nature, emergencies decrease the professional expectation to avoid mistakes when working with patients.

Read on to learn more about what you should do if you have been a victim of medical malpractice in the emergency room.

Who Might be Held liable for Emergency Medical Malpractice?

If you are being treated by medical personnel in a serious medical situation and you are injured, you may have recourse depending on which individual acted negligently or recklessly.

Fist Responders, Nurses, and Doctors…If it is the first responders who made a mistake, you may have limited recourse moving forward. However, if a doctor, nurse or other hospital employee is responsible for your injuries, you may wish to speak with a medical malpractice attorney to learn more about your rights.

While first responders tend to have extremely strong protection in terms of liability, normal malpractice rules do apply to nurses and doctors in the emergency room. This means that a patient must have to prove that a competent doctor under similar circumstances would not have made this mistake. This is known as negligence and forms the basis of a medical malpractice claim in Florida.

A mistake made in the emergency room typically has to be more severe or rendering catastrophic injuries in order to be evaluated in the same manner as another medical malpractice event. A hospital can typically be held liable for mistakes made in the emergency room, so long as those mistakes were made by the nurses or doctors working for the hospital.


What if My Doctor is an Independent Contractor?

In many cases, doctors working in the emergency room may be independent contractors, meaning that the hospital may be held liable for the injuries sustained by a reckless or negligent medical provider. Employees of the hospital may also be responsible for errors made with regard to your medical care. Walking your medical malpractice attorney through the specifics of your situation can help reveal who may be named in a negligence claim.

In order to prove medical malpractice, a patient must demonstrate that he or she was under the care of a particular healthcare provider, that the healthcare provider’s reckless or negligent behavior led to injuries, and that the patient has suffered damages as a result of those injuries.



How to Move Forward with a Medical Malpractice Claim

In order to move forward with a medical malpractice claim, you need to consult with an experienced attorney who can tell you whether you have the grounds to file a case and some of the challenges you might encounter going forward.

As a patient, you have rights even in the emergency room. Despite the chaotic nature of most emergency rooms, doctors are still required to uphold a high standard of care and give you the best treatment possible. Unfortunately, this does not always happen and it can be the patient who ends up paying the price.

If you’ve been the one who has suffered injuries as a result of a doctor’s inability to give you the highest quality of care, then you may have recourse by filing a personal injury lawsuit. This can help to compensate you for your medical bills, lost wages, and your pain and suffering.

Medical malpractice is a notoriously complex facet of the law and requires an attorney who has clear knowledge about the legal issues at play. Remember that especially in cases where a hospital is sued for negligence, the hospital will have retained a team of experienced and highly resourceful medical malpractice lawyers to handle their defense. You need to take your case seriously by hiring someone with the experience and commitment to carrying your case out to the end.

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