When you or a loved one has to visit the emergency room, you expect to receive competent medical care that puts your well-being first. Unfortunately, not all ER visits go as planned. Mistakes happen, and when those mistakes are the result of negligence, they can lead to serious consequences for the patient. Emergency room negligence can cause severe injuries, long-term health complications, and even death.
At Wapner Newman, we understand how overwhelming it can be to suffer from an ER mistake. You trusted your doctors to give you the care that you needed, and now you’re left to deal with the aftermath. Fortunately, victims have legal options.
Our legal team fights for victims of medical negligence in Philadelphia to hold hospitals and doctors accountable. Call us today at (215) 569-0900 for a free consultation.
How Does Emergency Room Negligence Happen?
It’s More Common Than You Might Think
Negligence in the ER can happen for a number of reasons. The atmosphere is often busy and chaotic, but that doesn’t mean doctors and nurses are excused from following proper protocols. Every patient deserves careful attention, an accurate diagnosis, and appropriate treatment.
Some common causes of ER negligence include:
- Understaffing: Hospitals that cut costs by reducing staff often put their patients at risk because their doctors are overworked and the nurses can overlook simple things.
- Improper Triage: ER patients are supposed to be seen by order of urgency, and when a hospital doesn’t triage properly, patients with life-threatening conditions can be left to wait for too long.
- Diagnostic Mistakes: If a doctor misreads test results or dismisses symptoms, the wrong diagnosis (or no diagnosis at all) can cause serious harm to the patient.
- Medication Errors: Giving the wrong medicine or dosage can create severe complications.
- Discharging Too Early: Patients are often sent home too soon, and this can give their condition a chance to get worse and cause problems that would otherwise be avoidable.
Not every bad outcome in the ER is caused by negligence, but if the mistake could have been avoided with the right treatment, you may have grounds for a medical malpractice case. Our team can investigate what happened and figure out who is responsible for your injuries.
What Are the Consequences of Negligence in the Emergency Room?
In some cases, a delay in treatment or a mistake with a diagnosis can lead to severe medical problems’ getting worse over time. In the worst-case scenario, ER negligence can even cause permanent disability or death.
Additionally, should someone miss the signs of infection, it can lead to sepsis and other life-threatening consequences. It’s also not unheard of for patients to be given unnecessary treatments or surgeries that negatively affect their health. If the aftermath is serious enough, patients can face permanent damage that impedes their ability to work and live on their own.
A single mistake in the ER can change a life forever. If you’ve suffered because of negligence, legal action may be your best option.
Proving Emergency Room Negligence
A Strong Case Needs Strong Evidence
Hospitals and insurance companies tend to try to avoid liability, so proving negligence in the ER can be a challenge. However, with the right legal counsel, you can put together a strong case. You need to be able to show that:
- The hospital, doctors, and/or nurses owed you a duty of care.
- The people involved failed to provide that duty of care through negligence.
- Their negligence directly caused your injury.
- You suffered losses because of your injury.
Our attorneys can help you collect everything you need. We’ll pull together medical records, expert testimony, and other evidence that will prove negligence and help you fight for the compensation you deserve.
How Can a Lawyer Help?
A medical malpractice case is one of the most complicated types of personal injury claims, and hospitals employ powerful legal teams to protect them. A strong attorney can help you level the playing field. Your attorney will investigate what went wrong and negotiate with the hospital’s insurance company to push for a fair settlement so you’re not left to struggle with the financial fallout. If the company can’t be convinced to offer a fair settlement, your lawyer may recommend filing a lawsuit and taking the matter to court.
What Compensation Can You Recover?
If you’ve suffered from negligence in the ER, you might be eligible for several different types of compensation. These can include:
- Medical costs (hospital stays, therapy, rehab, surgeries, medication, future treatments)
- Lost wages (if you had to miss work to recover)
- Diminished earning capacity (if you can’t go back to work as you did before or even at all)
- Pain and suffering (physical pain and emotional distress)
- Loss of quality of life (if your injuries led to long-term or permanent disability)
- Wrongful death (if your loved one died because of the ER’s negligence).
The value of your claim depends on how severe your injuries are and how they’ve impacted your life. Our team will go over every detail of your case to figure out how much compensation you may be able to collect.
Why Choose Us?
To have a successful medical malpractice claim, you need an attorney with experience, skill, and a strong commitment to fighting for you. At Wapner Newman, we stand out because we’ve been handling complicated medical cases for decades. We’ve secured millions in settlements for victims of negligence, and we pay attention to the individual needs of every client.
Additionally, you don’t pay us anything unless we win your case, so there’s no financial risk to you. We’re here to fight for you.
Frequently Asked Questions
Before you move forward with your claim, you may have questions about the process and what to expect. Here are answers to some common concerns we hear from clients.
How do I know if I have a case?
ER malpractice claims involve a mistake that could have been avoided, but they require more than just showing that you ended up with a bad outcome. You have to be able to prove that the healthcare provider failed to follow procedures or provide you with the standard of care expected of the medical profession. If you’re not sure if your case involves negligence, it’s always best to talk to an attorney. Many people don’t realize they have a case until they go through a legal consultation, so don’t hesitate to reach out for guidance.
What if my symptoms were tough to diagnose?
Some medical conditions are complicated and hard to identify, but ER staff are still expected to give every patient the proper care to the best of their abilities. Certain protocols are in place for the purpose of protecting patients, and not following these steps exposes the doctors and hospital to the possibility of a medical malpractice lawsuit. A tough diagnosis doesn’t excuse the medical staff from properly doing their jobs.
How long do I have to file a lawsuit?
In Pennsylvania, the statute of limitations for medical malpractice cases is generally two years from the day the injury happened. However, certain exceptions can extend or shorten this deadline. For example, if the injury wasn’t immediately apparent and was discovered later, the “discovery rule” applies. This means the two-year period doesn’t start until the day that the patient should have reasonably known they were hurt. Missing the statute of limitations can prevent you from going after compensation, so it’s critical to speak to a lawyer as soon as possible.
Will I have to go to court?
Not necessarily. Most medical malpractice claims are settled out of court. However, there’s always a chance that the hospital or its insurance company will refuse to make a reasonable offer. If that happens, the case may make it to trial. However, most defendants prefer to avoid the costs of litigation as well as the risk of losing the case. Sometimes, simply the threat of the case going to court is enough to convince the responsible party to settle.
How much does it cost to hire a lawyer?
One of the biggest reasons people don’t call a lawyer is because of the costs involved. Fortunately, most personal injury firms recognize that many clients can’t pay their fees up front, so they work on a contingency fee basis. This means you don’t pay the law firm anything if it loses your case, and its fee is a percentage of your final settlement. With this payment system in place, clients can go after the compensation they deserve without having to worry about any additional financial risks when they’re already struggling in the aftermath of their injury.
If you still have questions about negligence in the emergency room or want to know if you have a case, we encourage you to reach out to our team. Every situation is different, and speaking with an attorney can offer you clarity on your options.
Take Action Today
Emergency room mistakes have the potential to have serious impacts on patients’ lives. If you were injured in the ER and negligence was involved, don’t wait to do something about it. The sooner you act, the stronger your case will be.
Let us help you get the justice and compensation you deserve. Call Wapner Newman today at (215) 569-0900 to meet with our legal team.