Atlanta Medical Malpractice Lawyers For Emergency Room Errors
Visiting the emergency room (ER) 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 ER error in Atlanta, our medical malpractice lawyers at Hilley & Frieder, P.C., are here to help. They have the knowledge, resources and experience necessary to help you recover the compensation you deserve.
Common Types Of Emergency Room Errors
Errors occur every day in ERs 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 ER errors include the following:
- Medication dosage 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, between a worsening condition and an improvement in your health.
Filing A Medical Malpractice Lawsuit In Atlanta
Failure to receive prompt, adequate care in the ER can cause severe complications, additional medical expenses, lengthier recovery periods, and a host of physical and emotional damages. If you believe that you suffered further injury or worsening illness due to the negligence of ER personnel, then you may be eligible for compensation through a medical malpractice lawsuit.
Medical malpractice lawsuits are civil claims that allege that 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 ER.
- 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 one of our lawyers at Hilley & Frieder to ensure that 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 ER 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 ER error cases in Georgia:
- The medical facility: If the incident can be traced back to problems within the ER 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 ER.
- 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 ER 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 ER hires on a temporary or long-term basis. If the health care practitioner that harmed you was classified as an independent contractor, then you may not be able to hold the ER 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 ER 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 ER 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 ER error lawsuit in Atlanta are:
- Additional medical bills: The health care costs that 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 attorney won’t get paid unless you do. A consultation with one of our lawyers at Hilley & Frieder can help you understand how much your case is worth so that you seek fair and full financial compensation.
Contact A Medical Malpractice Lawyer For Free
When we visit the ER, 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 our attorneys at Hilley & Frieder to advocate for your right to compensation.
Contact us online today or by calling our office at 404-795-6099 to schedule a free consultation with one of our medical malpractice lawyers. They will gladly meet with you at our Atlanta offices or an alternative location upon request.
