A visit to the emergency room is already stressful enough without worrying about medical errors or negligence. Unfortunately, malpractice does occur in emergency departments across the country. Awareness of the most common malpractice cases can help patients advocate for their care.
If an error does occur, it is recommended that you promptly contact a local medical malpractice lawyer to review the case. For example, suppose you are in Louisville, KY. You should call an experienced Louisville medical malpractice lawyer as soon as possible.
Who Gets Sued in the ED?
When we think of medical malpractice, we often picture a surgeon botching an operation. However, recent research indicates that emergency physicians caused only 19% of emergency department malpractice claims. Most errors were made by other specialists consulted during the emergency visit. Understanding where system breakdowns happen can help improve the quality of care.
Most Common Medical Misdiagnoses
The top malpractice allegations in the emergency room often involve misdiagnoses, especially for serious conditions like heart attacks. One study found that acute myocardial infarction, or AMI, was the most frequently missed diagnosis and also the most common cause of patient death claims. Appendicitis was another common source of diagnostic error lawsuits. Detecting these emergent illnesses early is critical to prevent dire outcomes. Statistics show that diagnostic errors contribute to 40-70% of malpractice claims and around 30% of patient deaths, according to research published in BMJ Quality & Safety.
Delays and Mistakes in Medical Treatment
In addition to diagnostic errors, ED malpractice claims often involve inadequate workups, improper procedures, and delays in treatment. Failing to order appropriate tests or provide timely interventions can allow a patient’s condition to deteriorate; for example, not starting antibiotics soon enough for an infection or neglecting to give stroke or heart attack patients time-sensitive thrombolytic drugs. Taking shortcuts with procedural precautions can also lead to complications. When an ED feels rushed and crowded, mistakes become more likely.
Communication Breakdowns
Preventing communication breakdowns is another key factor in reducing errors. Failure to listen carefully to patients, conduct thorough histories and physical exams, follow-up on abnormal test results, or consult specialists appropriately contribute to many lawsuits. Weak hand-offs between providers, unclear documentation, and dismissal of patient concerns are other hazards. Improving coordination of care and teamwork in fast-paced EDs could enhance patient outcomes.
What to Do If Malpractice is Suspected
What should patients do if they suspect malpractice occurred during an emergency visit? First, obtain copies of the complete medical records, including doctor’s notes, test results, and hospital discharge papers. Then, contact an experienced medical malpractice attorney who can review the records to assess whether acceptable standards of care were met. They will determine if negligence likely contributed to additional injury or illness. Patients may also wish to get a second opinion from another physician.
While no ED provider intends harm, complex care situations combined with overloaded, chaotic departments increase the risks. Seeking legal counsel promptly after a negative outcome allows a thorough investigation of what went wrong. A medical malpractice attorney can then advise if a legitimate malpractice case exists. Though monetary damages can never undo poor medical care, holding providers accountable aims to prevent the same errors from recurring. No patient should suffer preventable harm when seeking emergency medical treatment.
