No one ever wants to visit the hospital, but sometimes health circumstances require a trip to the emergency room. The Center for Disease Control and Prevention (CDC) reported that 119 million people visited emergency rooms nationwide in 2006. That figure amounts to approximately 40 visits per year for every 100 people. The Journal of the American Medical Association also reported that 225,000 people die every year due to medical malpractice, caused by unnecessary surgery, medication errors, infections, negative effects of drugs, and other errors. A portion of those deaths resulted from malpractice in an emergency room setting.
Emergency Room Malpractice
Emergency rooms are typically extremely busy, demanding environments. Patients often wait hours for treatment. The CDC reports that patients nationwide wait more than two hours for treatment (at the median). The CDC also notes that between 40-50% of hospitals emergency departments experience patient overcrowding. Furthermore, emergency room doctors and nurses typically work long hours and must treat a variety of medical issues, with limited support and resources. The CDC even reports that 64.7% of emergency departments use outside contractors to provide physicians. Under these challenging circumstances, medical professionals might commit one of the following forms of medical malpractice:
- Delay of important treatment because of overcrowding
- Failure to diagnose a life threatening infection or disease
- Failure to immediately treat life a threatening condition (such as stroke or heart attack)
- Misdiagnosis
- Errors in medication dosage
- Negligence
- Misreading of medical chart or test results
- Failure to conduct all necessary diagnostic tests
- Failure to consult appropriate specialists.
Example of Possible Emergency Room Malpractice
On September 14, 2008, Tabitha Mullings went to a New York emergency room suffering from what she thought was a kidney stone. After being examined, she left the hospital that day with pain killers. Mullings, however, returned to the hospital the next day and was diagnosed with a sepsis infection. This infection had blocked circulation to her hands, feet, and an eye. Doctors eventually had to amputate her hands and feet, and she lost sight in her right eye. As a result of this unfortunate turn of events, the New York Daily News reports that Mullings has filed a malpractice lawsuit, arguing that she was not properly screened when she first visited the hospital.
Responding to Malpractice
Victims of emergency room malpractice may be able to recover costs for:
- Rehabilitation
- Current and future medical bills
- Lost wages
- Long-term care
- Pain and suffering
- Loss of quality of life
- Loss of companionship (for the survivors of victim)
Victims of medical malpractice also must keep in mind the statute of limitations. Victims have two years from the date of the injury or from when the injury should have been discovered. No medical malpractice claim can be filed more than three years after the act that caused the injury.
Medical Malpractice Representation from Paulsen & Armitage Thank you for reading our blog. If you suspect that a loved one has passed away as a result of the negligence of a doctor, hospital, or other health care provider, please contact us for immediate assistance. Please note that our postings do not constitute legal advice and your comments will not be treated as confidential. If you wish to discuss your legal matter with us, please contact our office for a consultation.
