Pennsylvania Emergency Room Error Lawyer

Emergency rooms are often busy and understaffed, making the work stressful for physicians, nurses, and other medical staff. Even so, they must provide every patient with the same professional level of care.

When they fail to meet the requirements and preventable errors harm you, you may have cause to file a lawsuit with help from a seasoned medical malpractice attorney. Schedule a consultation with an experienced Pennsylvania emergency room error lawyer for questions and more information.

How Do Mistakes Occur in Emergency Rooms?

Some of the common causes of mistakes in the emergency room include the following:

  • Misdiagnosis may occur when doctors fail to do a deep and thorough review of the patient’s medical history and order the proper testing despite specific symptoms and indicators being present
  • Communication errors between physicians, nurses, and other hospital staff
  • Busy and overworked medical staff rush through patients and overlook essential information, leading to a delayed diagnosis
  • Discharging a patient early, without thoroughly reviewing their signs and symptoms to ensure they receive the proper diagnosis and medical care
  • Patient mix-up, lack of communication, or failure to adequately review the individual’s medical history before writing prescriptions
  • Lab mistakes, such as improper testing, ordering or conducting the wrong tests, or miscommunication or test results

The high volume of patients and urgency of cases can lead to emergency room errors that harm those seeking treatment. Staff must follow the proper protocols with every patient.

The Elements of Liability

Winning an award for damages requires more than evidence of mistakes. The case must prove that each of the four elements of liability are present, and those include:

  • The patient visited the emergency room to receive care for an injury or illness, and the staff had a duty of care to meet the standard of healthcare
  • The physician or other healthcare provider’s actions breached their legal obligations
  • The violation of legal duty of care caused the plaintiff’s injuries
  • The patient sustained verifiable damages because of the medical treatment they received

The claim must prove the doctor, nurses, and medical staff provided inadequate care. Further, it must show that the patient would have received the proper treatment from other healthcare professionals in the same or similar fields. A Pennsylvania emergency room error attorney could review the claim to determine if the necessary elements are present and if there is cause to proceed with the lawsuit.

The Certificate of Merit Requirement for Lawsuits Against Medical Providers

The state requires an additional step for injury claims involving medical malpractice. Under the guidance of Pennsylvania Code § 1042.3, the patient, with the help of an emergency room error lawyer in Pennsylvania, must obtain a Certificate of Merit to certify that the defendant’s actions failed to provide adequate treatment and did not meet the minimum acceptable standard of professional healthcare.

A qualified health provider practicing in a similar field must complete and sign the affidavit after reviewing the case details. The petitioner must file the certificate with the complaint or within 60 days. Failure to comply with the statute will likely lead to the civil court judge dismissing the case without hearing it, leaving no other options to hold the negligent provider responsible for their careless actions.

Call an Experienced Emergency Room Error Attorney in Pennsylvania

Not every medical mistake involves malpractice. However, if the case establishes that the involved medical providers’ actions failed to meet the standard of care, you could have cause for a lawsuit.

While all personal injury cases are complicated and require overcoming various hurdles, malpractice cases are more challenging, requiring an additional step before the court proceeds with the suit. Contact a seasoned Pennsylvania emergency room error lawyer to schedule a consultation.

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