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ER and Hospital Negligence Lawyer

Have you been injured as a patient at a hospital due to negligence? Our experienced attorneys will help review your ER / Hospital Negligence case.

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ER / Hospital Negligence Attorneys

As a patient at a hospital, you can experience hospital negligence, which can result in a medical malpractice lawsuit if you have been injured as a patient. If the Emergency Room (ER) and hospital visit involved negligence between a doctor and patient, with the patient being harmed, then there is a strong chance that you may have a medical malpractice lawsuit against a hospital and the doctor(s) that treated you.

There is flexibility given to Emergency Rooms (ERs) since they can get very busy with high patient load and multiple injury intakes happening at the same time. This can be very difficult for a hospital’s ER to manage when under high patient loads. However, this does not excuse physicians and hospitals from being negligent if the patient is harmed during their ER visit.


Negligent Doctor at the Hospital / ER

The doctors, health care professionals, and hospital can become liable for medical malpractice due to negligent acts and omissions with the patient. The following may be required for a medical malpractice lawsuit to be established.

  • The standard of care is not met and is in violation
  • A duty was owed to the patient by the physician
  • Negligence caused an injury with the patient
  • Serious damages occurred due to the injury

Medical professionals (such as doctors, surgeons, nurses, and other health care professionals) at the hospital and ER can be responsible for the negligence acts.


Examples of ER / Hospital Negligence and Medical Malpractice

Below are a few examples of hospital negligence that can happen at a Hospital or Emergency Room (ER).

  • Consent problems
  • The facility is unsafe
  • The facility is not sanitary
  • Failing to monitor the patient during and after treatment
  • Failing to identify life-threatening issues such as a stroke or heart attack
  • Failing to identify an emergency when it happens
  • Lab results misread or not used for the patient
  • Medication Errors: Incorrect drug used, wrong drug dosage, drug allergy
  • Misdiagnosis
  • Pain and suffering by the patient
  • Staff is untrained or understaffed
  • Surgery errors and unnecessary surgery
  • Testing was not completed
  • Treatment errors / Failed to treat
  • Vital signs were not monitored, failing to act on vital sign problems
  • Wrongful death

If you have experienced any one of the following hospital negligence examples, you should consult with a lawyer to see what you may be entitled to legally.


How to File a Lawsuit Against a Hospital

There are steps you should consider when gathering information for an ER / Hospital Malpractice lawsuit. These steps will help you get a better idea of what you need to find and gather for your attorney to help build a case for your injuries.

  1. Consult with your attorney right away. Do not wait since there is a time limit to file a complaint against the hospital that treated you.
  2. Write down everything that happened at your Hospital / Emergency Room visit in detail, with dates times, and the names of the doctors, physicians, nurses, and staff that was assigned to you if possible.
  3. Get copies of all the medical records and information that the hospital has on file. If there are any photos or reports of the incident, gather that information as well. This includes medical records, insurance or Medicare / Medicaid communications, communication with the doctor and staff, medical bills, photographs, and any other documentation that may help your case.
  4. Figure out the injuries for your case due to ER / Hospital negligence. Your attorney will help you determine this with other medical experts reviewing your records and they will see if the other doctors and nurses were negligent. Additional experts may be needed for more opinions on the case. Your damages will also be assessed based on pain and suffering, wages lost, daily quality of life has declined, etc.
  5. Establish who will be in the lawsuit. The doctors, physicians, nurses, staff members, hospital.
  6. Next, your complaint will be drafted up by your lawyer and filed.

Filing a lawsuit against a hospital and doctors is a very complicated process and it is not easy to do. We recommend that you consult with an attorney about your hospital / ER incident to see if there is a viable case to file. All of your information, treatment, medical records will be reviewed with medical malpractice attorney experts on the team.

Hospital and ER Sign


Common Questions for Hospital Negligence and Lawsuits

We have put together a few questions and answers that are commonly asked in regards to ER / Hospital negligence, and Hospital lawsuits.


Can you Sue a Hospital for not Treating You?

Yes. If you are having a medical emergency, in pain, or are seriously injured, the hospital needs to provide treatment for you. Even if you don’t have health insurance. There are state and federal laws that mandate hospitals to provide emergency treatment to all incoming patients.


Can you Sue a Hospital for Early Discharge?

Yes. If you have been discharged early from a hospital when you shouldn’t have been, you can file a medical malpractice lawsuit with your lawyer. This usually happens when the hospital is very busy and/or there is low staff available for patient care. A patient shouldn’t be discharged if they haven’t been properly treated yet and their condition is not stable.


Can you Sue an Emergency Room (ER) for Misdiagnosis?

Yes. As an ER patient, you can sue the ER and doctor(s) if they misdiagnose your injury or illness. The misdiagnosis would fall under medical malpractice and both the hospital and doctors can be held responsible. It’s important that you ask questions when being treated to help prevent misdiagnosis, as mistakes can happen in the Emergency Room. If you find yourself in a situation where you are misdiagnosed and it actually caused you harm, you should consult with an attorney.


Can you Sue a Hospital for Negligence?

Yes. As an ER patient or Hospital patient, you can sue the hospital if you were being treated by the hospital staff.  The physicians/doctors, nurses, technicians, and hospital staff are responsible for your care. If an injury is caused by their care due to negligence, then the hospital and staff involved may be liable for a medical malpractice lawsuit.


Can you Sue a Hospital for Wrongful Death?

Yes. A wrongful death lawsuit can be filed against a hospital that caused the patient’s death due to negligence. The lawsuit can be filed by the spouse or family members of the patient that died. The hospital, doctors, physicians, nurses, and medical staff members employed by the hospital can be sued for medical malpractice. However, the statute of limitations in most states (such as California and Nevada) is two years for a wrongful death claim. The wrongful death claim should be filed before the statute of limitations is exceeded.


Consult with an Attorney

If you or someone you know has been injured due to ER or Hospital negligence, you should consult with an experienced attorney to learn what kind of compensation you may be entitled to due to your injuries and negligent treatment from doctors.

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