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(610) 667-7511
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(610) 667-7511
If you think an emergency room made a mistake, your first priority should be your health. Seek any necessary follow-up medical care, keep records from your ER visit, document what happened while it is still fresh in your memory, and learn whether the care you received may have fallen below the accepted medical standard. Not every unexpected outcome or treatment complication means medical malpractice occurred, but some emergency room errors may warrant further legal review.
Emergency rooms often treat patients under significant time pressure, and doctors, nurses, and other healthcare professionals must make important decisions with limited information. While many patients receive appropriate care, mistakes can happen. If an error falls below the accepted standard of care and causes preventable harm, it may lead to a medical malpractice claim.
As soon as practical, gather documents related to your emergency room visit, including:
It is also helpful to write down what you remember about your visit. Record when your symptoms began, what you told healthcare providers, what tests were performed, what diagnosis you received, and any discharge instructions you were given. Creating a timeline while those details are still fresh can make it easier to reconstruct what happened later.
No. A medical mistake does not automatically mean medical malpractice occurred. A malpractice claim generally requires evidence that a healthcare provider failed to provide care that met the accepted standard under the circumstances and that the failure caused additional harm.
Some conditions become easier to diagnose as symptoms develop, so a poor outcome by itself does not establish negligence. The key question is whether reasonably careful healthcare providers with similar training would likely have acted differently under similar circumstances.
Situations that may warrant closer review include:
Whether malpractice occurred depends on the specific facts of the case, and the medical records often provide the starting point for that evaluation.
Medical records and other documentation can help reconstruct what happened during your emergency room visit and explain the decisions that were made. The most useful evidence often includes emergency department records, diagnostic test results, records from any follow-up care, and your own written timeline of symptoms and conversations with providers.
Emergency department records often describe the symptoms you reported, the examinations performed, the diagnoses considered, the tests ordered, and the reasons for treatment or discharge. Reviewing these records helps create a clearer picture of your care.
Blood tests, CT scans, X-rays, MRIs, ultrasounds, and other diagnostic studies may show what information was available during your visit, whether additional testing was recommended, or whether later providers interpreted the findings differently.
Records from physicians or hospitals that treated you after your emergency room visit may document changes in your condition, additional diagnoses, or treatment that became necessary after your discharge.
Your written timeline can help connect the medical records to what you actually experienced. Family members or others who accompanied you may also recall details that provide helpful context.
Emergency room errors that can lead to serious harm include missed or delayed diagnoses, medication errors, problems with diagnostic testing, and communication breakdowns. Not every mistake causes lasting injury, but some can delay treatment for conditions that need prompt care and increase the risk of preventable complications.
Conditions such as stroke, heart attack, severe infection, or internal bleeding often require prompt recognition and treatment. Delays may allow these conditions to worsen before appropriate care begins.
Medication errors may involve giving the wrong medication, prescribing the wrong dosage, or failing to consider documented allergies or potentially harmful drug interactions. Not every medication error causes injury, but some require additional treatment.
Problems may arise when appropriate testing is delayed, not performed, or not properly interpreted. In some situations, abnormal findings require prompt follow-up that does not occur.
Communication failures between healthcare providers or between providers and patients can affect treatment decisions, discharge instructions, and follow-up care.
Emergency room malpractice claims are typically investigated by reviewing medical records, comparing the care provided with accepted medical standards, and determining whether an alleged error caused additional injury.
The investigation may include emergency department records, diagnostic testing, follow-up treatment, hospital policies when relevant, statements from witnesses or family members, and opinions from medical professionals in the relevant field who evaluate whether the care met the applicable standard under the circumstances. In Pennsylvania, a medical malpractice lawsuit generally requires a certificate of merit, filed with the complaint or within 60 days after. The certificate states that an appropriate licensed professional has reviewed the claim and found a reasonable probability that the care fell below accepted standards and caused harm.
In Pennsylvania, most adult medical malpractice claims must be filed within two years. That period does not always begin on the date of the ER visit. Pennsylvania’s discovery rule may apply when a patient could not reasonably have known about the injury and its cause right away, and claims involving minors follow different rules. The exact deadline depends on the facts of each case.
If you believe an emergency room error caused serious harm, speaking with an attorney sooner rather than later can help you understand the deadlines that may apply to your situation.
If you believe an emergency room error may have caused significant injury, speaking with an attorney can help you understand whether further investigation may be appropriate. A lawyer can review the available information, explain how medical malpractice claims are evaluated, and discuss whether a physician in the relevant field should review your medical records.
Many people are unsure whether they experienced an unavoidable complication or a preventable medical error. An initial consultation can help explain the legal standards that apply without assuming that malpractice occurred.
If you believe an emergency room mistake may have caused you or a loved one additional harm, the team at Lowenthal & Abrams can listen to what happened, answer your questions, explain your legal options, and discuss possible next steps.
We offer free consultations and handle medical malpractice cases on a contingency fee basis, which means there is no upfront cost to hire our firm and no attorney fee unless we recover compensation for you.
To speak with Lowenthal & Abrams, call (610) 667-7511 today.
LOWENTHAL AND ABRAMS, P.C.
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