Emergency Room Negligence Attorneys
- Over 40 Years of Experience
- More Than $3 Billion Won for Our Clients
- Thousands of Lives Changed
Every day, sick and injured people rush to an emergency room to seek care for their urgent medical needs. There, they expect the trained physicians and medical staff to provide the very best treatment, care, and compassion when they need it most. And while that is most often the case, medical malpractice can and does happen. In some cases, trusted medical professionals cause injury to a patient through a negligent act or an error in treatment.
If you or someone you love has been a victim of emergency room negligence, you deserve a chance to seek justice and compensation for your suffering. Keep reading to find out how a medical negligence lawyer can help you when you need it most.
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What Is Emergency Room Negligence?
An emergency room is an inherently chaotic place, due to the urgency and seriousness of the patients it sees on a daily basis. Unfortunately, medical errors in emergency rooms are not uncommon, and they can have serious or even fatal consequences for patients. Studies have shown that emergency medicine has higher rates of error than do most other medical specialties.
Still, this hectic environment does not protect against liability when a doctor provides substandard care to a patient. The most common emergency room errors include:
- Failure to perform a thorough examination
- Failure to take an adequate medical history
- Failure to consider life-threatening causes
- Failure to perform tests or gather data that could rule out possible life-threatening conditions
- Failure to properly monitor a patient
- Failure to fully treat a patient
- Delayed diagnosis, missed diagnosis, or failure to diagnose
- Delay in necessary testing and treatment
- Failure or delay in consulting specialists in a timely manner
- Laboratory errors
- Incorrect medications or dosages
Each one of these negligent acts, or failures to act, can have dangerous consequences and even become life threatening in some cases.
What Do You Need to Prove in a Negligence Law Case?
If you or a loved one has been the victim of emergency room negligence, you may be entitled to compensation from a medical malpractice lawsuit. However, pursuing a case against a hospital or physician can be very difficult, especially because the standard of care may be lower for emergency rooms than for standard medical settings.
In order to prove negligence, you and your malpractice lawyer must demonstrate that your case contains the four elements of medical malpractice:
- A doctor-patient relationship. This refers to the fact that your physician was providing medical care to you when the alleged medical negligence occurred.
- Breach of duty. You’ll need to prove that your doctor failed to provide the quality of medical care that another reasonably competent doctor would have provided under the same circumstances. Proving that your physician violated the standard of care will require expert testimony.
- Causation. This part of the medical malpractice claim involves showing that the doctor’s breach of duty directly caused your injury.
- Damages. The final element that a medical malpractice lawyer will need to prove is that you or your loved one suffered harm. This may include the need for additional medical treatment, lost wages, and the pain and suffering the injury caused.
How Are Emergency Room Negligence Cases Resolved?
Every medical malpractice lawsuit is different, and some cases may not reach every step in the typical process. The filing and litigation of an emergency room negligence case is complex and can take several years to accomplish, but typical steps include:
- Filing a lawsuit. This occurs when your malpractice lawyer formally files the case in the designated court of law. The court will process the lawsuit and send it to the defendant, who will have a specific number of days to respond.
- Entering discovery. During the discovery step of litigation, both parties will exchange information to build the case on both sides, including depositions, medical records, and hospital bills. As the plaintiff, you will be deposed (i.e., questioned under oath) by the doctor's attorney. The doctor will be deposed by your lawyer, who will ask questions about the care you received to prove negligence.
- Negotiating a settlement. A settlement can be preferable to a trial because it means the defendant has agreed to pay certain compensation, whereas with a trial the outcome is uncertain. If a settlement is reached, neither side is declared a winner, but the defendant agrees to pay compensation for your damages. If the case does not reach a settlement, the lawsuit will then move on to a trial, where the court or jury will decide the outcome of the case.
- Going to trial. In this final step, a judge and jury will hear arguments from your team as well as the defendant’s, and the court will decide the outcome of the case.
Locations We Serve
Our experienced attorneys have handled medical negligence cases nationwide. Altogether, our attorneys are licensed to practice in almost a dozen states, including:
- New Jersey
- New York
- North Carolina
- South Carolina
- Washington, D.C.
If you reside outside of these states, Janet, Janet & Suggs may still be able to represent you. Our attorneys have received court approval to practice in several other states across the country.
A Supportive Legal Firm with Decades of Experience in Medical Negligence
The lawyers of Janet, Janet & Suggs are trusted allies who care about your case and advocate for your legal rights when you need it most. For over 40 years, our nationally recognized team has recovered hundreds of millions of dollars on behalf of families who have been victims of medical negligence. If you or a loved one has suffered, we’ll help you understand your rights and work to recover the fair compensation you deserve, so that you can focus on healing. Contact us today to get started.