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Atlanta Emergency Room Error Attorney

Visiting the emergency room can be a scary experience, but we trust the medical professionals who staff these areas to provide us with an adequate level of care. We do not expect any acts of negligence to occur in these situations — but unfortunately, some medical professionals commit serious errors that lead to additional injuries, worsening illnesses, and even death.

If you are the victim of an emergency room error in Atlanta, Hilley & Frieder, P.C. is here to help. Our lawyers have the power, resources, and experience necessary to recover the compensation you deserve.

Why Choose Us

  • Our attorneys have won multiple awards recognizing our firm’s track record of success, including the National Trial Lawyers’ Top 100.
  • Our firm has over 35 years of experience in medical malpractice, amassing a wide network of resources we will utilize to build the strongest claim possible.
  • Our track record speaks for itself — we have secured millions of dollars in compensation for our clients, helping hundreds of Atlanta residents on the path to recovery.

Common Types of Emergency Room Errors

Errors occur in emergency rooms across the country, including the Atlanta metro region. Nurses and doctors alike may commit these acts of negligence, as well as surgeons, anesthesiologists, and all other medical professionals.

Some of the most common types of emergency room errors include the following:

  • Medication errors
  • Misdiagnosis or failure to diagnose
  • Failure to assess your medical history or symptoms
  • Failure to accurately interpret test results
  • Prematurely discharging you due to lack of insurance
  • Treatment and testing delays

In many situations, committing these errors can mean the difference between life and death — or, at the very least, a worsening condition and an improvement in your health.

Filing a Medical Malpractice Lawsuit in Atlanta

Failure to receive prompt, adequate care in the emergency room can cause severe complications, additional medical expenses, lengthier recovery periods, and a host of physical and emotional damages. If you believe you suffered further injury or worsening illness due to the negligence of emergency room personnel, you may be eligible for compensation through a medical malpractice lawsuit.

Medical malpractice lawsuits are civil claims that allege a medical professional committed an act of negligence while treating you, causing your injuries and damages. All lawsuits rely on the theory of negligence, and you will need to prove the following elements to establish its presence in your claim:

  • You received care from the medical professional in a formal setting, such as the emergency room.
  • The medical professional acted in negligence and deviated from the medical standard of care while treating you.
  • The medical professional’s negligence directly caused your injuries.
  • You suffered damages as a result of the negligence you can collect through a settlement.

Your attorney can help you gather the evidence and resources necessary to prove the elements of negligence. You typically have two years from the date of the malpractice to file your lawsuit — speak to an attorney at Hilley & Frieder, P.C. to ensure you take your first steps before time runs out.

Who Is Liable for Atlanta Emergency Room Errors?

In general, the party most at fault for causing a plaintiff’s injury or illness is the one named as the defendant in a related civil lawsuit. An emergency room error claim can name one or multiple defendants, depending on the situation. Liability will come down to who is legally responsible for the damage in question – and, therefore, who should pay. In general, these are the parties named as defendants in emergency room error cases in Georgia:

  • The medical facility. If the incident can be traced back to problems within the emergency room itself, such as understaffing, overworked employees, poor employee training, a lack of sanitation protocols, an overcrowded waiting room or a dangerous premises, the facility as a whole can be held liable for a patient injury or death. This could mean a private hospital or the government for a public emergency room.
  • An employee of the emergency room. An ER is staffed 24/7 with a team of physicians, nurses, administrative clerks, radiologists, laboratory technicians, emergency medical technicians and transporters. If an employee of the emergency room is guilty of an act of negligence that causes patient harm, the facility can be held vicariously liable. Vicarious liability states that an employer is responsible for the actions and behaviors of on-duty employees.
  • An independently contracted doctor. Some physicians and surgeons are independent contractors that the emergency room hires on a temporary or long-term basis. If the health care practitioner that harmed you was classified as an independent contractor, you may not be able to hold the emergency room vicariously liable. Instead, you will bring a claim against the individual physician. Most doctors have insurance policies with high limits to pay for these lawsuits.

Determining who is liable for the injuries that you suffered due to an emergency room error may require assistance from a lawyer. A lawyer can revisit the hospital or ER, speak to eyewitnesses, obtain copies of your medical records, hire qualified experts, and take other steps to gather evidence and determine liability. Then, your lawyer can submit this evidence to an insurance company or the courts to prove fault.

Damages Available to the Victims of Emergency Room Errors in Atlanta

Filing a civil claim in Atlanta for a preventable emergency room error could result in a payout for you and your family that covers the losses you suffered due to medical malpractice. You may qualify for both economic and noneconomic damages, or financial compensation. Economic damages are the specific costs associated with the incident. They are often calculated using hard numbers from receipts and bills. Noneconomic damages are the general or intangible losses suffered by a plaintiff. They are more difficult to calculate.

Examples of the damages that may be available in an emergency room error lawsuit in Atlanta are:

  • Additional medical bills. The health care costs you had because of the ER error, such as revision surgeries, follow-up appointments, medications, and medical tests and scans.
  • Lost wages. Any reduction in income that you suffered – either temporarily or permanently – because of your injuries or disability.
  • Out-of-pocket costs. Money that you spent out of pocket because of the medical malpractice, including travel costs and attorney’s fees.
  • Pain and suffering. Physical pain, mental distress, emotional trauma, psychological harm, diminished quality of life and other intangible losses you suffered.

The value of your case is something that you should discuss with an attorney before accepting an insurance settlement. You cannot always trust an insurance company to offer a fair payout, as it wants to maximize its profits by minimizing the benefits paid. However, you can always trust a lawyer, as your lawyer won’t get paid unless you do. A consultation with a lawyer at Hilley & Frieder, P.C. can help you understand how much your case is worth so that you seek fair and full financial compensation.

Contact Hilley & Frieder, P.C. Today

When we visit the emergency room, we expect a reasonable standard of care — and if a medical professional committed an act of malpractice while treating you in this setting, you deserve justice. Trust the attorneys at Hilley & Frieder, P.C. to advocate for your right to compensation.

Contact us today to schedule a free consultation with one of our medical malpractice lawyers. We will gladly meet with you at our Atlanta offices or an alternative location upon request.