The most common medical malpractice claims coming out of emergency rooms have to do with diagnosis, such as the failure to diagnose, diagnosing delay, or providing the wrong diagnosis. In some cases, it involves the doctor’s failure to obtain a consult. Another common patient allegation is mismanagement of treatment, such as failing to explore an infected wound….
Nobody is perfect, but the law does expect emergency room personnel to provide each patient with treatment and advice that meets the applicable “medical standard of care.” That means that emergency room professionals are legally required to provide patients with care that is consistent with the level and type of care that a medical professional of…
The law holds emergency room medical providers to a slightly different standard of care than non-emergency medical providers. This is not because their work is any less important, but because they are often in a situation where they have to treat patients immediately, with little information about their medical histories. However, emergency room medical care…
When medical malpractice occurs, we tend to look to the physicians. However, other hospital staff may also be liable for emergency room medical malpractice. Any medical professional, such as a nurse, orderly, physician’s assistants, or other emergency room personnel can be sued for medical malpractice. A pharmaceutical company or a medical device manufacturer may be…
A medical malpractice incident can be life-altering and very expensive. The amount of compensation a victim can receive depends on the severity of the harm and the amount of their losses. The types of potential compensation in emergency room malpractice cases include: Medical bills (both past and future); Pain and suffering; Lost wages; Reduced earning…
Along with the complaint or within 60 days of the filing of the complaint, the plaintiff or their attorney must file a “certificate of merit.” This document states that an “appropriate licensed professional” has reviewed the plaintiff’s medical malpractice case and it is their opinion that there is a “reasonable probability” that the health care…
A trial and a settlement are two different types of legal processes for concluding your case. More than 95 percent of medical malpractice claims result in out-of-court settlements. A settlement is basically a compromise. It is an agreement between the parties in a lawsuit that ends the lawsuit. Often, the healthcare provider’s malpractice insurer attempts to…
Every trial is different, but there are certain common procedures. Before the trial begins, the attorneys for both sides file pre-trial motions requesting that the court rule on issues that affect the trial, parties, evidence, testimony, or points of law. The judge will hear the attorneys’ arguments on the motions and make a ruling. Both…
Malpractice insurance protects hospitals and emergency room medical providers. The insurance companies have a regiment of lawyers whose job it is to aggressively fight medical malpractice cases. They are usually not particularly anxious to hurry the case along. Generally, the longer the delay, the more likely that key witnesses become unavailable. Or they may hope…
The statute of limitations for Pennsylvania medical malpractice claims is two years from when the patient “discovers or reasonably should have discovered that the injury occurred.” If the case occurred after March 2002, the injured party has up to seven years from the medically negligent act to file a lawsuit. Therefore, if the injured person…