Marion County Emergency Room Errors Lawyer

Medical procedures performed in the emergency room are likely to be hectic and time-sensitive affairs, but that does not mean doctors and nurses who work there are immune from liability for their mistakes. If someone suffers additional harm in the ER because of a preventable mishap, they could have grounds to file a lawsuit and pursue compensation.

However, proving any form of malpractice without an attorney’s assistance could be challenging, especially since the mistreatment occurs in such a high-stress environment. A Marion County emergency room errors lawyer could help you effectively demonstrate liability and seek appropriate restitution for your losses.

The Applicable Standard of Care in the ER

Healthcare providers must always adhere to a standard of care, but the scope of that duty varies based on their area of expertise and the circumstances under which they work. For example, the standard of care a pediatrician or general practitioner must uphold will differ from the duty a surgeon performing a heart operation owes to their patient.

Since the emergency room typically sees patients who must be stabilized and treated very quickly, medical personnel are generally given a bit more leeway for mistakes made from the expediency their job requires. However, a Marion County emergency room errors attorney could still work to hold a doctor liable for mistakes such as:

  • Delaying treatment
  • Giving or prescribing the wrong medication or dosage
  • Failure to monitor patients appropriately
  • Failure to obtain a patient’s full medical history, particularly as it pertains to medication allergies and contraindications
  • Releasing a patient from care too early
  • Failure to obtain informed consent whenever prudent before beginning an operation
  • Careless or reckless disregard for patient safety, including failure to use sanitary tools and poor application of stitches or bandages

Recovering Urgent Care Damages

If someone seeks to file suit against a medical professional, they must first serve their intended defendant) with a “notice of claim” via certified mail. As per West Virginia Code §55-7B-6, this notice must include an explanation of the factual basis for the claim, a list of all defendants being sued, and a certificate of merit from a competent medical expert in the same field affirming that the defendant violated the applicable standard of care for the procedure or treatment in question.

Once notice is made, a Marion County plaintiff could work with their emergency room malpractice lawyer to pursue financial compensation for medical expenses, pain and suffering, and other losses related to their claim. These damages could include both economic and non-economic losses resulting from a medical malpractice injury. It should be noted, however, that WV Code §55-7B-8 sets a cap of $250,000 on non-economic damages in medical malpractice claims unless the injury is catastrophic or fatal.

Furthermore, WV Code §55-7B-4 sets a statutory deadline of two years from the date of the plaintiff’s injury or the date they discovered or should have discovered, their injury. The maximum deadline in the latter scenario is ten years from the date of the actual injury, but in either situation the deadline could be extended if the defendant acted fraudulently to obscure evidence of their malpractice.

Talk to a Marion County Emergency Room Errors Attorney Today

Just as in every other medical setting, mistakes can happen in an emergency room, and unfortunately, they can be particularly dangerous when they occur. However, trying to recover compensation alone for the damages such a mishap can cause may leave you dealing with both a worsened medical condition and an ultimately unproductive legal one.

Instead of putting more stress onto your and your family’s shoulders, consider retaining a knowledgeable Marion County emergency room errors lawyer to help construct and pursue your case. Call today to schedule a consultation and start building your case.