Emergency Room Medical Malpractice in New Jersey
When you or a loved one faces a sudden health crisis, the emergency room is often the place to turn to for immediate and expert care. However, there are some cases where a healthcare professional’s errors mean that the patient suffers more injury and harm that can mean long term health issues. If you are harmed under these circumstances, you are entitled to fair and just compensation under the law. So if you are injured by a doctor’s, nurse’s, or other healthcare professional’s negligence in an emergency room, what should you do? Here is a short guide to what causes most medical malpractice issues in ERs, and what to do if you are harmed.
What Causes Emergency Room Errors?
Much of the explanation is in the name. Emergency rooms are often very chaotic environments. From the victims of violent actions, to those in injurious accidents, to those who experience sudden illnesses like heart attacks and strokes, the staff in an ER expect the unexpected.
Situations can get hectic very quickly, and in the chaos it’s common for medical charts to get temporarily misplaced or not fully reviewed before a doctor acts. Due to this, ER staff get a little more leeway than regular healthcare professionals would. But this leeway does not protect staff from liability in all medical malpractice cases.
Proving Your Medical Malpractice Case
If you think you are the victim of substandard care from an ER staff member, these are the elements you and your lawyer will need to prove to collect damages.
- Doctor/Patient Relationship. This element is usually pretty easy to prove, and establishes that the doctor had a legal duty to treat the patient like a competent professional. This is a higher duty of care than the average person owes another person. You can prove this element by showing evidence that the doctor examined the patient at some time during their stay at the ER or performed medical care upon arrival at the hospital.
- Negligence. In medical malpractice cases, negligence is determined differently than in other circumstances, such as a car accident. Because of the doctor’s heightened duty to their patients, the standard is that the victim must show that the doctor did not adhere to a certain quality of care other doctors of similar experience would show. This element often needs expert testimony to prove.
- Harm. Lastly, you need to show that you were actually harmed by the doctor’s negligence. This can be shown by proving that you will need further medical care in the future due to a misdiagnosis, that you will lose wages due to being absent from work, and other things. A good Marlton medical malpractice lawyer can help you gather evidence to prove these costs so that you can get the most amount for your injuries.
Seek Legal Help!
Medical malpractice is a complicated area of personal injury law, and you will need an experienced attorney in your corner. From gathering evidence, to dealing with insurance companies and hospital legal staff, never try to tackle a medical malpractice case alone. That way you can assure that you will get the full and fair amount for all of your injuries.
Contact a Medical Malpractice Attorney for a Consultation About Your Case Today!
Were you or a loved one injured due to medical malpractice in NJ? Then you need to talk to an experienced medical malpractice lawyer as soon as possible for guidance on how to proceed. The attorneys at Andres, Berger & Tran are prepared to assist you with your legal claim. We represent victims of negligent surgeons, doctors, nurses, and pharmacists in Haddonfield, Camden, Voorhees, Cherry Hill and throughout New Jersey. Call us today at 856-317-6558 or fill our out online contact form to schedule a consultation. Our main office is located at 264 Kings Highway East, Haddonfield, NJ 08033.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.