Medical malpractice can occur in any medical or dental setting. It occurs when a medical professional, such as a nurse, doctor, or office administrator, is negligent and that leads to a more serious illness or injury. Medical malpractice can occur when you are in the ER, whether due to lack of service or poor care. Here are some things to know about medical malpractice cases in the ER.
Who is liable for ER mishaps?
One of the more difficult parts of a medical malpractice suit in the ER is trying to figure out who is responsible for your injuries or loss. There are likely many people who helped take care of you before and during your ER visit, including the first responder or EMT, triage nurse, check-in nurse, and administrative staff. The type of injury you experienced will determine exactly who is at fault. For example, if you didn't get good care while in the ambulance and it worsened your condition, the EMT might be the one responsible. On the other hand, if the triage nurse called patients out of order and that led to your symptoms worsening, that nurse is the one responsible.
What personnel has extra protection from lawsuits?
Many hospital employees, particularly those working in the ER, have a lot of malpractice protection. Even if you try to sue them, their insurance will cover the damages. First responders, EMTs, and firefighters all have excellent malpractice insurance due to the nature of their job and are often protected from certain incidents. This doesn't mean you should exclude them if they negligent, but keep in mind it might make it a little more difficult to sue them.
Can you sue nurses and doctors?
Nurses and doctors in the ER, however, are treated in the same manner as other medical facilities. The fact that they work in the ER does not protect them from litigation if they were negligent and it led to loss, damage, or injury on your behalf. For example, if you were in a fire and the check-in nurse failed to check your lungs, your illness might have gotten much worse while sitting in the waiting room. This is that nurse's fault. The same can be said for doctors who were responsible for your injuries because they were not paying close enough attention to your symptoms.
Can you sue the hospital?
The hospital can also be sued, as well as medical staff. If you believe the hospital is responsible for your injury while in the waiting room, include them in the lawsuit. For example, if the hospital was fully aware at the amount of people in the waiting room and failed to provide enough staff even though they were capable of it, they could be partly to blame for the incident. Contact a company like Stapleton Law Offices for more information.