Can Medical Error Victims Sue the Responsible Parties For Medical Malpractice?
When someone needs immediate medical attention, they usually go to the Emergency Room (ER). Because the emergency room is a busy environment, errors are more likely to occur. According to some studies, Medical errors are more likely to occur in emergency rooms than in other healthcare environments.
“The fact that emergency rooms are busy does not justify avoidable errors caused by a medical provider by deviating from standard medical conduct,” says Berkowitz Hanna Malpractice & Injury Lawyers. Health practitioners in ER are still responsible for providing a standard, acceptable quality of care to patients; contrary to this might cause the patients harm. However, patients who suffer injury due to doctor negligence are medical malpractice victims, and they have the legal right to seek compensation.
It can most times be challenging knowing what to do and who to call for help in the case of a medical emergency or sudden illness. Thus, Understanding the difference between an emergency room and an urgent care center will assist you in selecting the best option when the time comes.
Urgent care centers fill a critical gap when you are ill, but your regular doctor is unavailable, or you cannot wait for an appointment. People go to urgent care centers when they have a medical emergency that is not life-threatening but requires immediate attention.
Minor cuts requiring stitches are one example of a situation when urgent care centers may be the best option for treatment. However, because some cuts are more deadly than others, you must still analyze the severity of the injury.
Emergency rooms provide high-quality care for patients who are in life-threatening situations. The ER is for those with a life-threatening condition such as stroke or a heart attack.
Usually, emergency rooms are accessible 24/7 a day. It has the whole range of cutting-edge diagnostic equipment, specialists to operate it, and analysts to swiftly report the findings of any tests performed. They collaborate with many local hospitals and may facilitate transfers if more care is necessary following an emergency room visit.
There are common reasons for Emergency room visitation. Some of them include:
Heart disease is one of the most prevalent for visiting the emergency room. Heart disease is more likely in people who have high cholesterol, high blood pressure, high blood sugar levels, or people who smoke. The factors that constitute risks include a poor diet, lack of exercise, obesity, and excessive alcohol consumption.
People with heart disease frequently report to the emergency room with signs like chest pain and shortness of breath. Heart disease can cause a heart attack or heart failure in certain people.
Healthy lifestyle adjustments such as maintaining normal blood sugar levels, eating well, exercising regularly, and avoiding smoking will help you avoid the ER. Furthermore, if you have any medical concerns like high blood pressure or high cholesterol, you should strictly adhere to medical instructions from your doctor.
Upper respiratory infections (URIs) like bronchitis and the flu, skin infections, and even sepsis are common reasons for an ER visitation. Fevers, chills, difficulty breathing, cough, headache, abdominal pain, skin redness, and other symptoms are common in people with infections who visit the emergency room.
Although not all infections are preventable, several factors make people more vulnerable. For example, not washing hands is a way for viruses like the cold and flu to spread. Obesity, diabetes, and a weak immune system make people more vulnerable to severe infections like cellulitis (skin infection) and sepsis (infections that cause organ failure).
According to the American Heart Association (AHA) study, 80 percent of strokes are preventable. Strokes are a primary cause of mortality and disability in the United States, even though they are preventable.
A mini-stroke or a Transient Ischemic Attack (TIA) is a crucial warning sign of a potential stroke that you should not ignore. People who have had a stroke or a TIA frequently go to the emergency room with some symptoms. Some of them include face drooping, lack of sensation on one side of the body, slurred speech, severe headaches, difficulty walking, seeing, or thinking.
Blood sugar, blood pressure, smoking, diet and exercise, obesity, and cholesterol levels are all stroke risk factors within your control. However, combining lifestyle modifications with healthcare provider suggestions can help you stay healthy and out of the emergency room.
Even in the most well-organized medical environments, mistakes can occur. They happen in the busy world of an emergency room, and not all of them amount to malpractice.
Some errors are unjustifiable due to the circumstances. These mistakes happen when a responsible healthcare worker fails to meet an appropriate standard of care while performing medical responsibilities. When errors like this occur, it amounts to medical malpractice.
Every malpractice claim requires assessment on its grounds. Establishing medical malpractice due to medical error requires you to prove the following:
- There did exist a doctor-patient relationship, resulting in a duty of care
- That the health practitioner was negligent in the discharge of their services to the injured
- Negligence is the cause of your injury
- Medical and financial losses were incurred as a result of the injuries
It is seldom simple to tell if you have a legitimate medical malpractice claim due to emergency room medical errors. Because every claim of medical negligence is complex, involving a thorough analysis of medical records and the input of medical experts. To find out if you have a viable claim for medical malpractice, you need to consult an expert attorney who has handled similar cases.
Furthermore, the injured ER patient always faces the burden of proof in court. It can be hard to prove a case of medical malpractice. Thus, you should consult an experienced emergency room negligence attorney on time.
You will also need a lawyer for statute of limitations ( time restrictions to pursue a claim). There are several instances where the patient was unaware and could not reasonably have been aware of it. Because this is such a complex area of law, consulting an expert emergency room negligence attorney is the best approach to guide you.
Emergency Rooms being busy is no excuse for the doctors and nurses working there to make medical mistakes. However, victims of emergency room errors, on the other hand, have the legal right to sue for medical malpractice. Winning a lawsuit like this is difficult; contacting an experienced lawyer on time before pursuing one will boost your chance of winning.