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 reasonable competence and skill in the same field would do in the same situation, with the same resources. When a medical professional is negligent and provides care that falls below this standard, they may be liable for the harm and damages that medical mistake caused.
To prevail in a medical malpractice lawsuit over emergency room medical malpractice, a patient must prove each of these elements of negligence:
- The provider owed the patient a duty of care.
- The provider breached this duty by providing substandard medical care.
- This breach caused the patient harm.
- As a result, the patient suffered damages.