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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. Some cases arise from a medical care provider performing a procedure incorrectly, such as intubation or inserting an IV. Others involved the failure to order antibiotics when needed or initiate fibrinolytic therapy in acute stroke patients.

Health conditions that result in the highest number of claims include acute myocardial infarction (5 percent), fractures (6 percent), and appendicitis (2 percent).