Emergency Room Malpractice

Visits to the emergency room during moments of urgent medical crisis demand the highest standards of care from doctors and nurses. However, the fast-paced nature and frequent overcrowding in ERs often contribute to serious medical errors. In fact, New York—which leads the nation in medical malpractice filings over the past decade with more than 15,000 recorded cases—sees a significant number of these cases tied to emergency room negligence.

When overwhelmed ER physicians and nurses fail to order appropriate diagnostic tests, misinterpret results, deliver inaccurate diagnoses, or delay critical treatment, patients can suffer grave consequences. Despite the high-pressure environment, emergency room personnel are held to the same professional standard of care as in any other medical setting. They must provide the same level of treatment that a competent ER physician or nurse would reasonably be expected to deliver under similar circumstances.

Preventable medical mistakes like traumatic misdiagnoses, unsafe discharges, medication errors, and delayed emergency interventions directly can expose vulnerable patients to lifelong disability, worsened health conditions, severe pain, and even premature death. If you or someone you love has endured physical, emotional, or financial hardship because emergency room negligence caused further harm or failed to treat a serious condition properly, contact our medical malpractice lawyers right away to see how we can help you.

New York Emergency Room Malpractice Attorneys

If you or someone you love suffered a preventable injury, worsened illness, or the tragic loss of a family member because of substandard emergency care, please contact our office right away. As dedicated medical malpractice attorneys, we represent local victims and families across New York who did not receive adequate care in ERs when it mattered most.

Our attorneys handle a wide range of emergency medicine errors, including:

• Failure to diagnose cardiac conditions
• Not recognizing signs of stroke, sepsis, or internal bleeding
• Ignoring symptoms of serious head trauma 
• Premature discharge of patients
• Surgical errors
• Medication mistakes
• Birth and pediatric emergencies
• Incorrect or delayed diagnoses
• Delays in emergency treatment
• Failure to order necessary diagnostic tests
• Inadequate patient monitoring
• Communication errors between healthcare providers
• And more

The Porter Law Group has secured millions in compensation for clients through aggressive litigation and settlements when emergency room negligence causes long-term impacts like disability, permanent damage, addiction, and wrongful death.

Understanding Emergency Room Malpractice in New York

While emergency rooms involve fast-paced, high-stakes medical decisions, this does not excuse substandard care. ER physicians, nurses, and staff are legally and ethically obligated to meet the same duty of care as any other medical professional. Emergency room malpractice occurs when healthcare providers fail to meet this standard, leading to serious injury or death.

Healthcare providers in emergency settings must fulfill critical responsibilities, including:

• Thoroughly evaluating symptoms
• Ordering all appropriate diagnostic tests
• Interpreting test results accurately 
• Administering timely and proper treatment
• Prescribing medications correctly
• Monitoring patient status continuously
• Avoiding harm through negligent actions or inaction

Breaching any of these vital responsibilities constitutes unacceptable medical malpractice.

Legal Framework and EMTALA Requirements

The Emergency Medical Treatment and Labor Act (EMTALA) requires all Medicare-participating hospitals with dedicated emergency departments to:

• Provide a proper medical screening examination (MSE) to determine whether an Emergency Medical Condition (EMC) exists
• Stabilize and treat any EMC within the hospital's capability or transfer the individual to a facility that can provide necessary treatment
• Refrain from delaying treatment to ask about insurance status or ability to pay

To establish emergency room negligence in New York, a plaintiff must demonstrate that:

1. The medical professional owed a duty of care to the patient.
2. The medical professional breached this duty by failing to meet the standard of care typically expected in similar situations.
3. This breach directly caused injury or harm to the patient.
4. The patient suffered measurable damages as a result.

Suffered Injury from Emergency Room Errors?

When rushed, overwhelmed ER providers misdiagnose serious conditions, delay urgent treatment, or provide improper care, patients can suffer lasting injury, disability, declined health, excruciating pain, and severe emotional distress.

Tragic physical impacts involve worsening illness, preventable amputations, paralysis, disfigurement, severe infections, organ damage, addiction to erroneous prescriptions, and wrongful death. Equally devastating financial consequences also follow for victims and families due to lost income, ballooning medical costs, rehabilitation and home care expenses, and more damages. These crushing burdens should not solely rest on the victims' shoulders when errors are made.

Important Time Limits for Filing Your Case

New York's statute of limitations for medical malpractice lawsuits is generally 2.5 years (30 months) from the date of the alleged malpractice or completion of treatment. Missing this deadline can result in losing the right to legal recourse.

Important Exceptions

Several exceptions to the standard 2.5-year statute of limitations exist:

• Continuous Treatment Doctrine: If you received ongoing treatment from the physician or medical provider, the 30-month clock doesn't start running until the date when "continuous treatment" stopped.
• Discovery Rule: In some situations where it's impossible for patients to know they were injured by negligent actions until later, the statute of limitations may begin when the patient discovers the connection
• Lavern's Law: For cases involving cancer or malignant tumors, the statute of limitations starts when the patient discovers the malpractice, not when it actually occurred
• Foreign Object Cases: When a foreign object is left inside the body, the patient has one year from the date of discovery of the object to file a claim
• Claims Involving Minors: For minors, the statute of limitations may be extended until the child reaches the age of majority.

Identifying All Liable Parties

In complex emergency room negligence cases, multiple parties may often share blame, including:

• The hospital itself for unsafe policies, understaffing, or poor supervision
• Supervising physicians who fail to oversee staff properly
• Individual doctors, nurses, and technicians directly causing errors
• Consulted specialists, who miss key diagnoses
• Radiologists for misreading diagnostic tests or scans
• Pharmaceutical providers for dispensing incorrect medications
• Diagnostic testing companies for issuing faulty or delayed results
• Medical device manufacturers if faulty equipment contributed to harm
• And more

We'll conduct in-depth investigations to identify every party responsible for causing you or your loved one harm so we can hold them legally and financially accountable and obtain maximum compensation through settlements or jury awards.

The Claims Process for Emergency Room Malpractice

Step 1: Initial Consultation

The first step in pursuing an emergency room malpractice claim is consulting with an experienced medical malpractice attorney who can evaluate the merits of your case. This should be done as soon as possible after the incident to ensure evidence is preserved and deadlines are met.

Step 2: Certificate of Merit Requirement

New York law requires plaintiffs in medical malpractice lawsuits to file a "Certificate of Merit" with their complaint. This document certifies that the plaintiff's attorney has consulted with a medical expert who has reviewed the case and concluded there is a reasonable basis for the lawsuit.

Step 3: Filing the Notice of Medical Malpractice Action

Within 60 days after all defendants have responded to the complaint, the plaintiff must file a notice of medical malpractice action with the court clerk, including proof of service and copies of all relevant documents.

Step 4: Discovery and Expert Testimony

During discovery, both sides exchange information, including medical records, depositions, and expert witness opinions. Expert witnesses play a crucial role by establishing the standard of care, explaining how defendants deviated from that standard, and connecting that deviation to the plaintiff's injuries.

Compensation Available in Emergency Room Malpractice Cases

Unlike many states that limit recovery amounts, New York allows full compensation for medical malpractice victims without imposing damage caps. Compensatory damages may include:

• Medical expenses (past and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Emotional and mental anguish
• Loss of enjoyment of life

According to the National Practitioner Data Bank, 2021 saw an average settlement for New York medical malpractice lawsuits of $460,948.18, with defendants settling 907 cases totaling $418,080,000. 

Notable emergency room malpractice settlements in New York include $2,400,000 for failure to timely diagnose and treat a splenic injury, and settlements ranging from $2 million to $8 million for various types of diagnostic failures and treatment errors.

Frequently Asked Questions

Q: How do I know if I have a valid emergency room malpractice case? 

If you can prove that the emergency staff failed to meet standard care expectations and caused you harm, you may have a case. Contact us for a free case evaluation to determine if you have grounds for a claim.

Q: Can I still file a lawsuit if I signed consent forms at the hospital?

Yes. Consent forms typically cover known risks of treatment, but they do not shield healthcare providers from liability for negligence or malpractice. Signing these forms does not waive your right to pursue compensation for substandard care.

Q: What if my loved one died due to emergency room negligence? 

If emergency room malpractice resulted in wrongful death, eligible family members may file a wrongful death lawsuit. These cases can provide compensation for funeral expenses, lost income, loss of companionship, and other damages.

Q: How long does an emergency room malpractice case typically take? 

The timeline varies depending on case complexity, but most medical malpractice cases take 18 months to several years to resolve. Some cases settle out of court more quickly, while others that go to trial may take longer.

Q: Will I have to pay attorney fees upfront? 

No. The Porter Law Group works on a contingency fee basis, meaning you don't pay attorney fees unless we win your case. We also offer free, no-obligation consultations to evaluate your potential claim.

Q: Can I sue if the emergency room was very busy when I was treated? 

Yes. High patient volume or understaffing is not a legal excuse for providing substandard care. 

Q: What if I can't afford my medical bills while my case is pending? 

We understand the financial burden of medical expenses following malpractice. During your consultation, we can discuss options and resources that may be available to help manage costs while your case progresses.

Injured by Medical Malpractice in New York?

Reach out to our experienced team for a free consultation.

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Why Choose the Porter Law Group?

The lawyers at the Porter Law Group have decades of experience representing individuals and families whose lives have been devastated by catastrophic injuries. We have obtained some of the largest settlements and verdicts in courts throughout the State of New York. We are a state-wide firm that handles cases with a hometown feel.

Our clients come to us looking for guidance and answers. With seasoned trial lawyers, the Porter Law Group has the resources necessary to help you navigate the most complex cases, against goliath insurance companies that will stop at nothing to prevent you from receiving the compensation you deserve.  

You only get one chance to hire the best lawyer for you and your family.  Hire the lawyers most recommended by former clients and local attorneys, and the firm that obtains superior results. 

When you or a loved one’s life has been devastated by a serious personal injury in New York, don’t hire a lawyer without calling the Porter Law Group to learn why so many of our clients are thankful they trusted us with their case in their time of need.     

Contact an Emergency Room Malpractice Lawyer Today

The attorneys at the Porter Law Group possess extensive expertise regarding emergency medicine errors and the long-term devastating impacts on clients' health, livelihoods, and families. For over two decades, we have helped victims of malpractice across the state secure rightful compensation through aggressive settlements and jury awards when substandard care causes disability, permanent damage, or wrongful death.

We conduct our own rigorous investigation and work with respected medical experts to establish negligence and maximize recovery so you can move forward. Our legal team provides compassionate support and ethical, dedicated advocacy to stand up against powerful hospitals. No stone goes unturned when establishing negligence claims, and we work on a contingency fee basis, so there's no fee unless you win.

If you or someone you love has suffered physically, emotionally, or financially because emergency room negligence caused further harm or failed your family when it mattered most, contact the Porter Law Group today to discuss your legal options during this difficult time. We offer free, no-obligation consultations to evaluate your case. Call us at 833-PORTER9 or email info@porterlawteam.com today.

Emergency room malpractice cases in New York involve complex legal and medical issues that require specialized knowledge and expertise. Understanding the legal framework, requirements, and procedures can help victims navigate the system more effectively, but having experienced legal representation is crucial to ensure your rights are protected and all necessary deadlines are met.

*Prior results do not guarantee a similar outcome.