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How Do I Know If I Was the Victim of Emergency Room Malpractice?

Posted on in Medical Malpractice

b2ap3_thumbnail_er-malpractice.jpgEmergency rooms are often chaotic, high-stress environments. ER doctors, nurses, and other staff deal with time-sensitive medical crises all day. They handle everything from broken bones caused by car accidents to heart attacks and strokes. If you or a loved one received substandard treatment in an emergency room or were the victim of an ER mistake, you may wonder whether the emergency room staff’s conduct constituted medical malpractice. There are many factors involved in emergency room medical malpractice claims, so it is best to discuss your concerns with an experienced medical malpractice attorney.

ER Doctors and Medical Staff Have a Legal Duty to Provide Competent Care

When a person visits the emergency room, a positive outcome is not guaranteed. Sometimes, saving a patient from injury or death is not possible. However, there are some cases in which an ER patient is harmed because a doctor or other staff makes an unacceptable mistake. ER medical malpractice occurs when the following elements are present:

  • A doctor-patient relationship existed. To have a valid medical malpractice claim, you must be an actual patient in the ER. For example, you cannot sue an ER nurse for inadequate treatment that he or she provided during a social gathering.
  • You received negligent care. A doctor or other medical professional acts negligently when he or she provides care that fails to meet the accepted “standard of care.” This standard of care refers to the degree of skill and competency that an average medical professional in the same position would have provided in similar circumstances. Testimony from expert witnesses is often used to establish whether or not a medical professional’s care violated the standard of care during a medical malpractice claim.
  • You suffered harm because of the negligent care. Proving that an ER doctor or nurse provided substandard care is not enough to satisfy the criteria for medical malpractice. You must also show that you suffered harm or “damages” because of the negligent care. Damages in an ER medical malpractice claim may include additional medical bills, pain and suffering, lost wages from missed work, reduced income-earning capacity, and other losses.

Contact a Waukegan ER Negligence Lawyer

If you suspect that you or a loved one were the victims of emergency room malpractice, contact a Lake County medical malpractice attorney from Salvi & Maher, L.L.C. Our team will investigate your case and help you determine if medical malpractice has occurred. If you were the victim of ER malpractice, you may be entitled to financial compensation. Call our office today at 847-662-3303 and schedule a free, no-obligation consultation.

 

Source:

https://courts.illinois.gov/CircuitCourt/CivilJuryInstructions/IL_IPI_Civil.pdf

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