Baltimore Emergency Room Error Attorneys

Just like any other medical provider, emergency room doctors, nurses, and personnel must uphold a certain standard of care when treating patients. However, due to the chaotic and urgent nature of these environments, emergency rooms are held to a different standard of care than other, less-hectic medical facilities, such as general practitioners’ offices, clinics, and even hospitals. 

Although the law recognizes that emergency room staff must make fast decisions and respond to often-changing situations, ERs are still required to provide an acceptable standard of care. When emergency room doctors, nurses, or staff members fail to provide the same level of care that another ER would provide in the same or similarly circumstances, they have violated the standard of care. If a patient is injured or dies as a result, the staff member or ER itself can be held legally responsible. 

Examples of Emergency Room Errors 

Emergency room errors take many forms and often have severe consequences for patients who were seeking care for urgent medical conditions.

Some common examples of emergency room errors include: 

• Misdiagnosis and failure to diagnose
• Failure to diagnose heart attack or stroke
• Delayed diagnosis or treatment 
• Failure to treat 
• Improper triage (patient prioritization) 
• Failure to perform or order appropriate tests 
• Medication errors 
• Improper follow up or aftercare
• Improper or excessive blood transfusions 
• Failure to sterilize equipment 

These and other emergency room errors can lead to serious and even life-threatening complications, such as fatal heart attack or stroke, worsening of symptoms or medical conditions, overdose, new injuries and illnesses, infections, sepsis, and more. 

If you sought treatment in an emergency room and did not receive proper treatment or were even sent home without treatment, leading to serious injury, you could be entitled to compensation. Additionally, if your loved one passed away after visiting an ER and failing to receive adequate treatment, you may have a wrongful death case.  

Common causes of Emergency Room Errors

Emergency room errors can occur due to a variety of factors, ranging from systemic issues within the healthcare system to individual mistakes made by healthcare providers. Some common causes of emergency room errors include:

• Miscommunication: Poor communication among healthcare providers, especially during shift changes or when transferring patients between departments or facilities, can lead to errors in diagnosis, treatment, or medication administration.
• Understaffing: Emergency rooms are often busy and understaffed, leading to healthcare providers feeling rushed and overwhelmed. Understaffing can increase the likelihood of errors due to fatigue, distraction, and the inability to provide timely care.
• High Patient Volume: High patient volumes in emergency rooms can result in long wait times, overcrowding, and delays in treatment. This can increase the risk of errors as healthcare providers may not have enough time to thoroughly assess and care for each patient.
• Lack of Access to Patient Information: In emergency situations, healthcare providers may not have access to a patient's complete medical history or relevant information, which can lead to errors in diagnosis and treatment.
• Diagnostic Errors: Misdiagnosis or delayed diagnosis is a common cause of emergency room errors. This can occur due to a failure to consider all possible diagnoses, misinterpretation of diagnostic tests, or inadequate patient assessment.
• Medication Errors: Errors related to medication administration, such as prescribing the wrong medication, incorrect dosage, or drug interactions, can occur due to factors such as illegible handwriting, confusion between similar-sounding medications, or inadequate medication reconciliation processes.
• Inadequate Training or Experience: Healthcare providers who lack training or experience in emergency medicine may be more prone to errors when treating critically ill or injured patients.
• Equipment Malfunctions: Malfunctioning medical equipment or inadequate maintenance of equipment can lead to errors in diagnosis or treatment.
• Systemic Issues: Problems within the healthcare system, such as fragmented care, lack of standardized protocols, or financial pressures, can contribute to errors in emergency rooms.
• Patient Factors: Patient-related factors, such as language barriers, cognitive impairments, or non-adherence to medical advice, can also contribute to errors in emergency room care.

Who is Liable for an Emergency Room Error?

Generally, the following parties may be held liable for an emergency room error:

• Medical Professionals: Doctors, nurses, physician assistants, and other healthcare providers who directly participated in the patient's care may be held liable if they deviated from the accepted standard of care and their actions resulted in harm to the patient. This could include misdiagnosis, medication errors, surgical errors, failure to adequately assess and treat a patient, or other acts of negligence.
• Hospital: The hospital where the emergency room is located may also be held liable for an emergency room error under the legal doctrine of vicarious liability or respondeat superior. This means that the hospital can be held responsible for the actions of its employees, including doctors and nurses, if those actions occurred within the scope of their employment.
• Pharmaceutical Companies: If the error involves medication, the pharmaceutical company that manufactured the medication could potentially be held liable if the medication was defective or if there was a failure to warn of known risks associated with its use.
• Third-party Contractors: In some cases, hospitals may contract with third-party companies or individuals to provide services such as medical testing or radiology. If an error occurs in these services and it leads to harm to the patient, the third-party contractor could be held liable.
• Medical Device Manufacturers: If an error involves the use of a medical device, such as a defective surgical instrument or malfunctioning equipment, the manufacturer of the device may be held liable for any resulting harm.
• Government Entities: In cases involving public hospitals or emergency services, government entities may also be involved and could potentially be held liable for negligence.
• Others: Depending on the specific circumstances of the case, other parties such as insurers, ambulance services, or even the patient themselves (if they contributed to their own injury) could be held liable.

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