Charleston Emergency Room Error Lawyer
Helping Individuals Who Have Been Injured by Medical Malpractice in Charleston Area Emergency Rooms
Because of the healthcare situation in the United States, emergency room use is rising. However, the number of emergency departments across the U.S. is falling, according to the National Center for Health Statistics. This development has led to medical professionals working harder and with more patients. It makes for a situation in which mistakes can be made. However, the circumstances do not change the obligations medical professionals have to avoid mistakes when they treat patients.
If you or someone you love has been injured or killed because of an emergency room error, you have rights under the law against the defendant. To learn how the North Charleston emergency room error medical malpractice lawyers at Hartman Law Firm, LLC can help you, call us today toll free or contact us online. We can provide a free, no-obligation initial consultation.
Frequent Errors in Hospital Emergency Rooms
There are approximately 136.1 million emergency room visits in the U.S. every year. That statistic means for every 100 people there are 45 visits to an ER in any given year. Meanwhile, with the recent changes to health care in the United States, it is likely the volume of people seeking treatment at the ER is going to continue increasing.
According to a recent Wall Street Journal, 37 to 55 percent of emergency room negligence cases arise from diagnostic errors.
Other frequent ER errors include:
- Misdiagnosis of symptoms
- Delayed diagnosis (for instance, failing to report a positive result from a cancer test)
- Failure to supervise medical staff, allowing them to diagnose ( such as a registered nurse or physician’s assistant)
- Failure to order or to properly read tests
- Inadequate staff to treat patients and/or monitor patients’ symptoms
Failure to follow guidelines dictating proper medication procedures or to maintain cleanliness in the establishment (a recent study found that 90 percent of hospital deaths are as a result of medical errors caused by failing to follow systems and procedures)
The hurried environment of an emergency room does not allow doctors and other medical staff to fail to diagnose, delay diagnosis, fail to order or properly read relevant tests, provide inadequate staffing, or fail to follow dictated guidelines intended to protect patients. Such emergency room errors may constitute medical negligence or medical malpractice if a patient is harmed.
An emergency room error attorney with experience in medical malpractice claims can help evaluate the circumstances of your or your loved one’s injury. A lawyer will work with medical experts to evaluate whether healthcare standards were met and advise you of your legal options.
Emergency Room Error Victims Should Retain an Experienced Lawyer
If you have recently been in the emergency room, you are well-aware of the fact the emergency room environment is fast-paced and chaotic. As a result, there are ample opportunities for mistakes to be made. It is important to understand, however, that not all errors made my medical professionals in the emergency room rise to the level of actionable malpractice.
If, for example, a physician misdiagnosed a condition but his or her diagnosis was plausible in light of the circumstances, it is likely that he or she would not be liable to the patient. If, of the other hand, a physician made an egregious error due to the fact that a reasonable physician of similar training and experience would not have made, it is likely that a court would determine that he or she had engaged in malpractice.
Because of the complicated nature of medical malpractice cases in South Carolina, it is essential for people who believe they have been hurt by an emergency room error to retain an attorney familiar with handling similar cases. An attorney familiar with the way that emergency rooms operate and the appropriate standards of care in particular situations will be able to determine whether you have a claim and how best to proceed. Some of the other ways that an attorney will be able to help you include the following:
- Communicate with the insurance company representing the healthcare facility or professional against whom you are asserting a claim
- Ensure that any settlement offer that you accept adequately compensates you from the losses you have sustained
- File a lawsuit on your behalf and represent you in court
As a victim, it may be tempting to accept the first settlement offer the insurance company makes, especially if you are eager to put the entire incident behind you and move on with your life. Unfortunately, insurance companies often try and take advantage of victims who have not yet retained an attorney by offering them settlements that do not take into account the value of their pain and suffering or future expenses. For this reason, it is critical for victims to speak to an attorney before taking a settlement offer, as it is almost impossible to obtain additional compensation after one has been accepted.
Investigating an Emergency Room Error Case Requires Resources
In some cases, the issue of whether an emergency room error occurred or constituted medical malpractice is contested. When this occurs, victims may need to gather evidence in support of their claim, a process that can require a significant investment of time and money.
When you retain an attorney, he or she will fully investigate your claim and uncover any evidence of malpractice that may exist. In order to do so, your lawyer will use a set of legal procedures known collectively as “discovery” in order to obtain evidence. This can include requesting documents from the healthcare facility where you sought treatment, obtaining verbal or written testimony from individuals that have information about your case, and eliciting expert opinions about the way in which you were treated and whether the actions of the medical professionals who treated you provided an adequate level of care or made impermissible mistakes.
Contact Our Charleston Emergency Room Error Lawyers Today
If you have concerns about the care you or a loved one has received in a hospital emergency room, contact the North Charleston emergency room error lawyers at The Hartman Law Firm, LLC today for a free, no-obligation consultation. Call us today at 843-300-7600 or fill out our online form. We represent emergency room negligence victims throughout South Carolina. There are statutes of limitation that limit the time in which you can bring a claim. So, don’t delay. Get help now