If you’re searching for Emergency Room Negligence Attorneys NY, Susan Dennehy and Dennehy Law Firm offer over 40 years of experience handling ER negligence cases as well as other types of medical malpractice cases.
If you or your loved ones have suffered from ER negligence, contact us today for a free consultation to determine what your next steps would be and how to file a lawsuit.
*Please make sure to read our disclaimers relating to this article – see below.
Table of Contents
What is Emergency Room Negligence
Emergency room negligence describes injuries, and even death, that occur in the emergency room as a result of medical malpractice by medical staff, including doctors and/or nurses.
Though first responders, such as EMTs (emergency medical technicians), firefighters and ambulance crew are generally protected from lawsuits, they may also be liable for malpractice if they committed an act that is considered grossly negligent.
What is the Difference Between Medical Malpractice and Medical Negligence in the ER?
The definitions of medical malpractice and medical negligence apply both in and outside the ER. The main difference depends on whether the medical professional causing harm has done so unknowingly, versus a medical professional that is aware of the possible consequences of their action/in-action.
Emergency Room Medical Negligence is described by the first scenario i.e. a medical professional unknowingly harms a patient due to ignorance or by failing to take action when needed.
For example, a medication prescribed by a doctor does not interact well with the patient causing an adverse reaction.
Emergency Room Medical Malpractice is different in that it implies that the medical professional was aware of the potential consequences of their actions/in-action.
For example, in order to cut corners due to a high-risk case, a surgical team does not properly sterilize their equipment, leading to an infection.
Common types of Emergency Room Negligence
Emergency Room Negligence in New York is much more common than you might imagine. Though most hospitals in New York have a very high standard of care, emergency rooms are notoriously stressful and stress leads to mistakes. That said, stress is only one of many causes of emergency room negligence. (Read more in the next section.)
Here are the most common types of ER negligence:
- Overcrowding
- Emergency Room Misdiagnosis
- Failure to diagnose or delayed diagnosis
- Door-to-diagnostic evaluation by a qualified medical professional
- Delays in treatment
- Failure to Monitor (vitals, signals, even admission to monitor)
- Triage Errors
- Failure to order correct medical tests and improper performance of procedure/exam
- Failure to properly read test results or X-rays
- Anesthesia errors
- Medication errors (dosage, prescription)
Emergency Room Negligence Cases
Below are a few ER negligence cases that have come through Dennehy Law Firm, resulting in lawsuits and settlements. See more of our results.
$2,000,000 settlement; Emergency Room Error NYC
A wife and mother went to the ER with complaints of stabbing pain in her back. She was diagnosed with back spasms when she had an infection in her spine. By the time the correct diagnosis was made, she had suffered irreversible damage to her spine. A jury awarded $2,000,000 for her pain and suffering.
$900,000 settlement; Emergency Room Negligence NYC
A massive heart attack went undiagnosed by an ER physician when the staff failed to perform a timely EKG despite symptoms of shortness of breath, sweating and rapid pulse. The hospital and ER doctor settled for $900,000.
$900,000 settlement; Emergency Room Malpractice NYC
In one ER case which we handled, a single young man came to the emergency room with complaints of fever and severe pain in his leg not caused by trauma. The doctor diagnosed muscle spasms, prescribed a muscle relaxant and sent the patient home. When he returned the next day with worsening complaints, the ER doctor gave the patient crutches, but the patient refused to leave. He was left for nearly 6 hours to languish on a gurney, and by the time his sepsis was finally diagnosed, it was too late to save him. In that case, the ER doctor failed to consider a more lethal condition and made the wrong diagnosis. The case ultimately settled for $900,000.
Hiring Emergency Room Malpractice Attorneys
Do you think you have an ER negligence or malpractice case? What do you do next?
- Make sure you are within the statute of limitations.
In New York, claims must be filed within 30 months of the event negligence or malpractice event. There are exceptions to this, however (treatment situations, post statute discovery, 10-year maximum limit, minors reaching majority age). - Schedule a free consultation with a competent medical malpractice attorney
- Research online to fill in as many blanks as you can and understand what your main concerns are
- Prepare defined and specific questions to ask at the consultation
- Go through all receipts and evidence you might have regarding your experience in case the attorney at the consultation wishes to know whether you have any or all of this to build a case.
- Determine how much an attorney will charge and consider how you will pay for these costs.
- If the attorney does not take your case, make sure to ask why and don’t give up. There are other ER negligence lawyers that may be more willing, or more competent, and will take you on.
- If an attorney does take your case, begin your medical malpractice claim.
How do you choose a competent ER malpractice attorney?
- Look them up online, review their website AND
- Call them
Ask yourself the following questions as you research:
- Does their approach and brand speak to you?
- Do they have enough experience?
- Do they have relevant experience in this type of medical malpractice, specifically?
- Have they had similar successful settlements?
- Do they have reviews/testimonials?
- Are they in good standing at bar associations?
- Have they won awards?
Ask them the following questions:
- What percentage of your caseload goes toward medical malpractice?
- What portion of the caseload go to trial versus settling
- How much work is delegated to support staff rather than done by the main attorney/s
- Ask whether the lawyer operates on a contingency fee basis and takes on up-front expenses. This means the attorney will work in return for a % of the settlement and not for an hourly charge.
For a more extensive checklist, head over to: https://www.expertise.com/medical-malpractice-attorney/how-to-hire-a-medical-malpractice-attorney
Top Hospital Negligence Lawyer for New York Emergency Room Error Lawsuits
Rated AV Preeminent®, the highest level of professional excellence for legal knowledge, ethical standards, and communication skills, Susan Dennehy is one of New York’s most experienced medical malpractice attorneys.
If you are looking for a hospital negligence lawyer for an emergency room error in New York City, please get in touch with us today – Call 212-974-6100!
*This article, and all others on our website, does not replace legal advice and cannot be used as such. Neither are these articles exhaustive. Please always inquire with certified legal counsel if you are pursuing a medical malpractice lawsuit of any sort.
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