Yes, inadequate emergency room care may warrant further legal actions if patients were harmed because of a healthcare provider’s negligence. In 2021 alone, the Centers for Disease Control and Prevention recorded about 139.8 million emergency room visits across the US. Among these incidents, 40 million were related to injury-inducing events.
Of all these reported emergency room visits, only about 41.8% of patients were given medical attention during the first 15 minutes of arriving in the emergency facility. Overcrowding and understaffing have remained to be a very pressing issue within the United States healthcare system. This issue has persisted over the last several decades.
In a nutshell, medical facilities and professionals may be held accountable for any actions/inactions that cause patient harm. Through a properly established medical malpractice claim, victims may be compensated for all damages they’ve incurred – ensuring that they can properly bounce back from such unfortunate events.
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What Are The Most Common Reasons for Emergency Visits?
Through the Healthcare Cost and Utilization Project, researchers were able to identify the most common reasons for emergency visits in the US in 2018. These reasons are provided below. Note that the percentage of both outcomes (treat-and-release and needed hospitalization) come from different sampling populations.
| ISSUE/CONDITION | TREAT-AND-RELEASE | NEEDED HOSPITALIZATION |
| Injury and Poisoning | 20.1% | 10.0% |
| Abnormal Signs/Symptoms | 16.0% | 2.4% |
| Respiratory System | 11.5% | 11.9% |
| Musculoskeletal System | 7.8% | 2.2% |
| Circulatory System | 7.0% | 18.0% |
| Digestive System | 6.8% | 13.3% |
| Genitourinary System | 6.0% | 6.7% |
| Nervous System | 4.4% | 3.5% |
| Skin and Subcutaneous | 3.7% | 2.6% |
| Pregnancy/Childbirth | 2.8% | 3.1% |
| Ear and Mastoid Process | 2.2% | 0.2% |
| Infectious/Parasitic | 1.9% | 10.3% |
| Nutritional/Metabolic | 1.6% | 5.0% |
| TOTAL | 91.8% | 89.2% |
Given the diversity of issues that come into the emergency department, facilities must have impeccable systems in place. Only properly designed policies would allow them to provide patients with adequate urgent care. When mishandled, these issues can go downhill fast. Even the slightest misdiagnosis can lead to very adverse outcomes.
Systemic Factors That Contribute to Medical Malpractice
Several systemic factors can contribute to malpractice in the emergency department. Addressing these systemic issues requires a multi-faceted approach – including adequate resources, training, communication, and cultivating a culture of continuous improvement. These systemic factors include:
- Overcrowding
- Staff shortage and fatigue
- Inadequate protocols for care
- Inadequate training and supervision
- Technological/equipment issues
- Time constraints
- Unnecessary interruptions/distractions
- Professional biases
Remember that facilities and professionals who are responsible for your well-being may be sued if inadequate/subpar care is provided for you. These lapses provided above are known to harm patients in the long run. It is the responsibility of every medical facility to mitigate such lapses through rigorous policy development.
Common Types of Emergency Room Errors
Recognizing common errors in the emergency department is crucial when developing policies. This recognition in turn is crucial for enhancing patient safety and quality of care in emergency departments.
Some of the more common in emergency departments include:
| ERROR | DESCRIPTION |
| Misdiagnosis or delayed diagnosis | Failing to accurately identify a patient's condition or taking too long to reach a correct diagnosis, potentially leading to inappropriate or delayed treatment. |
| Medication errors | Administering the wrong medication, incorrect dosage, or failing to account for drug interactions or allergies. |
| Inadequate patient monitoring | Not properly monitoring a patient's vital signs, symptoms, or response to treatment, which may cause a delay in recognizing and addressing complications. |
| Discharge errors | Prematurely discharging a patient without appropriate follow-up instructions, prescriptions, or failing to identify and address potential red flags. |
| Inadequate testing or imaging | Failing to order necessary diagnostic tests or misinterpreting test results, leading to missed or delayed diagnoses. |
| Procedural errors | Making mistakes during procedures such as intubation, central line placement, or wound care, which can cause harm to the patient. |
| Infection control lapses | Failing to adhere to proper infection control protocols, such as hand hygiene or sterile techniques, increasing the risk of healthcare-associated infections. |
| Communication failures | Breakdowns in communication between healthcare team members, such as inadequate handoffs or documentation, leading to gaps in patient care. |
| Triage errors | Incorrectly prioritizing patients based on the severity of their condition, potentially causing delays in treatment for those with more urgent needs. |
| Failure to obtain informed consent | Not properly explaining risks, benefits, and alternatives to procedures or treatment, or failing to obtain a patient's informed consent before proceeding. |
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Establishing Liability and Compensation Figures
Four key elements must first be pinpointed and established before any claim is rendered valid. Medical malpractice experts typically work with trusted medical consultants during this initial investigation. These four key elements are:
| 1. Duty of Care – Was there an appropriate doctor-patient relationship? |
| 2. Breach of Duty – Did your doctor perform poorly/negligently based on accepted standards of care? |
| 3. Causation – Did your doctor’s actions/inactions directly cause you harm? |
| 4. Damages – What did these errors cost you? |
Apart from establishing your claim, the responsibilities of your cancer malpractice lawyer include gathering pieces of evidence; officially filing your case; and negotiating for your compensation.
Latest figures from the National Practitioners Data Bank show that there have been 11,248 payments made for medical malpractice in 2023 – 1,219 of which were made in the state of New York alone. These NY-based malpractices amounted to about $416.23 million. In 2023, the average compensation for medical malpractice in New York was around $481,191.
All medical expenses (past and future) are accounted for in all medical malpractice claims. Apart from medical bills, other economic and non-economic losses are also factored in – lost income, emotional trauma, and decreased quality of life are some of the more common inclusions. Please refer to our previous wins for actual cancer misdiagnosis compensation figures.
Speak to a Medical Malpractice Lawyer Today
At the Porter Law Group, our team of proven medical malpractice lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances. We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.
If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.
