An Overview of Medical Malpractice in the ER

Medical negligence in the emergency room (ER) can lead to extreme complications given the nature of the problems ER staff deal with. You deserve compensation for ER medical malpractice just as you do with other forms of malpractice. However, ER medical malpractice is different from the others. Below are some things to note about ER medical malpractice. 

The Hospital Might Be Liable 

A hospital is ordinarily liable for medical malpractice due to its employee's negligence. For this reason, hospitals are usually off the hook if a doctor commits medical malpractice since doctors are typically independent contractors and not employees. Most hospitals use relevant forms to inform patients about their relationship with the doctors. 

However, matters are different in the ER, where no one can read or sign forms due to time constraints. The ER's focus is usually to stabilize a patient's health. As such, you may be able to hold a hospital liable for medical malpractice in the ER. 

Normal Malpractice Apply to the Doctors and Nurses 

Many jurisdictions give first responders stronger protection than other medical professionals. If an ambulance crew responds to an accident, they should focus totally on the victims without worrying about lawsuits from their actions. Thus, first responders only face injury lawsuits for blatant recklessness or intentional acts. 

However, the first responders' protection doesn't extend to medical personnel in the ER. Standard medical malpractice laws apply once the ER crew takes over from the first responders.  

Doctor-Patient Relationship Automatically Arises 

Medical malpractice only applies if you have a doctor-patient relationship with a doctor. That may mean, for example, that you chose or agreed to the treatment and the doctor agreed to offer it. However, the same rules are difficult to apply in the ER, where some patients even come in while unconscious. 

As such, the doctor-patient relationship automatically arises in the ER. What matters is that the doctor was on duty, and they examined or treated you. Thus, you don't need to prove ongoing medical care or treatment consent for ER medical malpractice. 

Medical Malpractice Laws Don't Apply to Off-Duty Staff  

The Good Samaritan rule means that no one, not even a doctor (unless you have an established doctor-patient relationship), is obligated to help you if you are in trouble. However, anyone who offers to help must do so in a way that isn't reckless or doesn't endanger you needlessly. Otherwise, you have the right to sue your rescuer for damages. 

For example, an off-duty doctor near the ER is not obliged to help you if you come in with accident injuries. However, medical malpractice law won't apply to any off-duty doctor that decides to help you. You can only hold such a doctor liable for your injuries using the Good Samaritan laws. That is, you only have a case if the doctor was reckless or needlessly endangered you. 

Treatment Refusal Constitutes Malpractice 

Lastly, you should know that you have the right to emergency medical care whether or not you can pay for it. An emergency room must not turn you away or refer you to another medical facility without first screening or stabilizing your condition. 

You can pursue medical malpractice damages if a hospital denies you emergency care and your medical condition worsens or doesn't improve. In this case, the hospital (and not their staff) is liable for your damages. You just need to prove that the hospital receives funding from Medicare. 

Wegner & Associates have practiced medical malpractice law for over 40 years. We understand the complications that these cases attract. Contact us with your medical malpractice case and let us investigate, negotiate, and even litigate the case in pursuit of maximum damages.