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Emergency Room Errors

Most emergency room physicians are careful to use proper procedures and techniques. However, whether due to a lack of care or the hectic nature of emergency rooms, nurses and doctors can and do make serious and often life-threatening medical mistakes. Fortunately, injured parties can obtain compensation for their losses if they can establish that a medical professional was negligent, so if you or a loved one sustained an injury as a result of a physician’s error, it is important to contact an experienced medical malpractice attorney who can help you collect the compensation you deserve.

Establishing Negligence

A patient must prove three elements to establish a physician’s liability for a medical error, including that:

  • A doctor-patient relationship existed;
  • The doctor breached the relevant standard of care; and
  • The patient was harmed as a result of the breach.

Establishing a doctor-patient relationship for injuries sustained in an emergency room is relatively simple. For instance, demonstrating that a doctor examined or provided treatment to a patient in an emergency room is usually enough to prove that a doctor-patient relationship existed. Generally, it is not necessary for plaintiffs to establish the existence of a continuing relationship beyond the time when the error occurred.

To demonstrate negligence, a patient must provide evidence that his or her doctor failed to provide the quality of care that another reasonably competent physician would have provided in similar circumstances. This requires providing evidence of both the standard of care and that the standard was breached. A standard of care refers to the level of competence that most physicians would have used in similar circumstances and establishing it usually requires expert testimony from a doctor who specializes in emergency medicine. The expert will then be required to demonstrate how the emergency room treatment that the patient received did not meet that standard of care.

Collecting Compensation

The final piece of proof necessary for a successful medical malpractice claim is evidence of the harm that the patient suffered as a result of the doctor’s negligence. This harm can take a variety of forms, including:

  • Pain and suffering;
  • Medical expenses incurred as a result of the additional treatment required because of the physician’s negligence;
  • Lost wages;
  • Loss of future income; and
  • Loss of enjoyment.

As long as a doctor’s negligence can be linked to a plaintiff’s injury, the injured party may be able to collect compensation for the losses suffered.

Contact an Experienced Medical Malpractice Attorney Today

We put an incredible amount of trust in the hands of medical professionals to perform surgeries and provide treatment for a variety of illnesses and injuries, so a doctor’s failure to fulfill his or her duties can have devastating physical, emotional, and financial consequences for patients and their families. Fortunately, patients can obtain compensation for their monetary losses and the pain they suffered if they can establish that a doctor’s error caused the injury, so if you or a loved one were injured as a result of a physician’s negligence, please contact Cohen, Placitella, & Roth, P.C. Attorneys at Law, at (215) 567-3500 to schedule a free consultation.

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