If a hospital fails to have enough personnel to assist patients who are in the emergency room, patient care inevitably suffers. As a result, patients can sustain injuries. In such an instance, patients may file medical malpractice lawsuits based upon emergency room malpractice.
How Emergency Room Malpractice Can Emerge
Emergency room malpractice can develop in numerous ways. Simple patient neglect can lead to emergency room malpractice. Moreover, more complicated situations can lead to emergency room malpractice. For instance, if a patient enters a hospital complaining of particular symptoms which are initially misdiagnosed and later the symptoms develop into a more serious illness, the resulting injury can be a severe condition which can form the basis of an emergency room malpractice case. These scenarios can frequently arise when hospital emergency rooms are understaffed; the lack of the requisite level of hospital emergency room staff to assist patients causes an increase in the staff's ability to respond appropriately to the needs of the patients. It follows that emergency room injuries can result.
Common Emergency Room Malpractice Scenarios
Common emergency room malpractice examples caused by a lack of appropriate staffing include the following:
- the administration of the wrong blood type on a patient
- treating the wrong patient
- the adminstration of a medicine that a patient is allergic to
- ignoring a patient's complaints of pain or symptoms which require immediate attention
- providing inappropriate medical treatment to a patient
- failing to treat a patient
Compensation in an Emergency Room Malpractice Case
When a plaintiff is successful in an emergency room medical malpractice case based upon a lack of staffing, there are different types of damages the plaintiff may be able to recover, depending upon the particular jurisdiction in which the case is filed. Typically, the following categories of damages are available:
- pain and suffering
- punitive damages (designed to deter future similar conduct and to punish the wrongdoer)
- compensatory damages (designed to compensate the victim)
- future medical and/or therapy expenses, if necessary
- hospital and/or doctor bills
- lost wages
- disability
Getting Legal Help
Emergency room malpractice cases based upon lack of proper staffing are complex cases; consequently, if one seeks to file a lawsuit based upon emergency room malpractice, one should consider consulting with a skilled legal practitioner. An experienced medical malpractice attorney with knowledge of emergency room malpractice cases will not only be able to easily identify the strengths and weaknesses of one's case, but also the attorney will be able to diligently work to achieve the compensation one deserves in the case. Moreover, the attorney will be able to assist in guiding one through the complex process while one focuses on one's health.
