Medical Malpractice in Emergency CasesUpdated on Monday 27th March 2017
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When an injured individual requests emergency medical care, the last thing on his mind is that he could come out of the E.R. with new problems. Medical malpractice cases are possible in all areas of medical practice and individuals harmed during an emergency procedure can file a medical malpractice case against the physician who treated them. Our Los Angeles personal injury attorneys can help you if you have been the victim of a medical malpractice case.
Emergency medicine malpractice
Patients who were not treated properly by a physician can make a claim against him/her by invoking medical malpractice. Individuals who have been given the wrong medicine or even those who went through surgery and discovered that foreign objects were left behind in the wound can request the services of a personal injury lawyer who can help them obtain compensations.
Some of the most common cases in which emergency physicians are accused of medical malpractice include:
- - failure to diagnose;
- - improper management of treatment;
- - improper performance of the chosen treatment or procedure;
- - failure to order medication.
Each of these mistakes made by the physician can alter the health of the patient and sometimes aggravate the disease. The most common conditions with which patients present themselves in an emergency room are myocardial infarctions and cerebrovascular accidents.
Our lawyers invite you to watch a video about medical malpractice in emergency cases:
Hospital liability in emergency malpractice cases
If you were in an accident, rushed over to the emergency room and suffered another personal injury as a consequence of an emergency malpractice, you should know that the hospital is liable for the doctor’s misconduct. This is because the hospital is the employer, therefore it can be held accountable for its employees’ misconducts. Even it may seem simple to prove a personal injury was sustained due to an emergency procedure that went wrong, help from Los Angeles personal injury lawyers is recommended as each case is particular and various degrees of injuries may occur.
Even if negligence is invoked in most emergency malpractice cases, this theory does not apply to every case, as the injury may be caused by another employee of the hospital. This is the most important part of an investigation during a medical emergency malpractice suit in Los Angeles: determining who is liable for the personal injury suffered. There are two hypotheses, the doctor alone or the hospital can be sued. Liability will be established based on the relation between the doctor and the hospital, because the medic can work as a contractor for the hospital, case in which the doctor will bear the consequences of his or her actions. That is why hiring Los Angeles personal injury lawyers is important when filing a lawsuit for emergency malpractice.
Claiming compensations for a medical wrongdoing
Claims for medical malpractice cases are based on proving neglect. You are entitled to report any medical malpractice case and claim compensations for your losses as a result of the wrongdoing. Whether it is more time spent in the hospital (which caused you to lose more wages) or a number of medical expenses that occurred as a direct result of the physician’s negligence, you can claim monetary compensations for your losses.
Our Los Angeles personal injury attorneys can help you make a solid claim by gathering all the possibly relevant information. Your medical chart and even eyewitnesses, like family or other patients, can help you prove your case.
How to prove medical malpractice in the emergency room
There are a few basic things to prove when filing a claim for emergency room medical malpractice in Los Angeles. Among these, you should know that from the moment you or a next of kin signed the admission papers the doctor-patient relationship is created and this is the first proof for such claim. Next, it is the Los Angeles personal injury attorneys’ role to establish that the doctor’s negligence is the one causing the injury which had specific damages. The evidence can be based on higher medical bills, complications, more physical pain than normal. Testimonies and special medical review panels may also be required when establishing medical malpractice.
You should also know that the Good Samaritan rule has no validity in an emergency malpractice suit.
You can call our team of Los Angeles personal injury attorneys if you have questions about claims made against emergency physicians.