A New York emergency room errors lawyer from our firm may be able to help you collect compensation for losses due to medical malpractice. If you trusted the emergency room to provide care for you or your loved one and were injured as a result, you deserve compensation for their failure to fulfill their duty to provide proper care.
At Dansker & Aspromonte Associates, our consultations are free, and our goal is to advocate for our clients in every way possible. If we represent you, our team can explain the concept of medical malpractice, investigate the incident that led to your losses, evaluate your damages, and demand appropriate compensation for the damages you have suffered.
Recoverable Damages in an Emergency Room Error Case
Our law firm can examine your situation and determine what damages you are eligible to recover. You could receive compensation for the following:
- Pain and suffering
- Medical bills from the emergency room visit and for subsequent care
- Lost wages during time spent out of work
- Disability or disfigurement, if the injuries left life-long consequences
- Loss of earning capacity if the injuries affect your ability to work
If you lost a loved one due to medical malpractice, your damages could include loss of consortium, loss of financial support, loss of parental guidance, and funeral expenses.
Emergency Room Errors are Examples of Medical Malpractice
Every medical provider in New York City has a duty to provide competent care to their patients. Their actions must meet a certain professional standard adopted by the medical community, which involves providing proper care to support a patient’s wellbeing.
When a failure to meet this standard results in a worsening condition or a new injury, it may be medical malpractice. Some examples of potential emergency room errors include:
- Failing to stabilize a patient when possible
- Failing to perform necessary treatment or procedures in a timely manner
- Prescribing or administering the wrong medication or treatment
- Misdiagnosing the patient
- Performing unnecessary treatments or surgeries
- Failing to request or obtain necessary diagnostic testing or procedures
Proving medical malpractice is not always easy. The professional standard takes a person’s entire experience and medical history into account, and not all mistakes equate to carelessness or recklessness sufficient to reach the level of malpractice. Our New York emergency room errors lawyer can review the facts and help you identify any instances of malpractice.
We Know the Right Questions to Ask to get a Firm Handle on Your Case and Determine our Course of Action
When we examine the concept of medical malpractice through the lens of emergency room care, it is necessary to consider the entire picture. When someone comes to the emergency room for treatment, many factors can complicate the situation. Before we can determine if there was medical malpractice in a case, we would seek answers to many questions including the following:
- Did the patient come in on their own, or did paramedics transport them?
- Was the patient conscious and able to communicate complaints?
- What were the patient’s symptoms and vital signs upon admission?
- What did the medical staff do and not do immediately and what was done thereafter?
The question of whether medical malpractice occurred depends on the patient’s condition upon arrival and the doctor or nurse’s care, choices, and treatment. Our firm can explain this in more detail when we review your case.
We Can Help You Prove Medical Malpractice in Court, if Necessary
As apparent as an emergency room error may appear, in order to be entitled to compensation, you must still prove there was a violation of the standard of care. This involves presenting expert witnesses who have the qualifications to speak to the particular departure from competent and standard medical care that is the basis of the lawsuit. The experts do so based on their extensive experience and training in the pertinent field of medicine.
Only medical experts have the proper knowledge of the medicine and the science in these cases and can testify as to the standard of care in emergency medicine. They can give an opinion as to what was the malpractice. An expert witness will:
- Examine the medical records from the ER
- Identify the correct procedures that the medical personnel should have followed
- Pinpoint who was responsible for the malpractice and provide the facts that constituted the negligence or deviation from proper emergency room standards of care
- Communicate how the failure to provide proper care resulted in the person’s injuries and damages
Working with a qualified expert witness is one of the most crucial parts of an emergency room error claim or lawsuit. At Dansker & Aspromonte Associates, our team handles finding and consulting with qualified experts for our clients’ emergency room error cases.
There is a Limited Time to act in Your Case
Even with evidence that an emergency room error led to a worsening of your condition or a new injury, your case can still fail if you do not act on time. There is a strict time limit on all personal injury cases, and those alleging medical malpractice are no exception.
The state’s statute of limitations provides a time limit for all medical malpractice cases. Every case is unique and there are many different factors to determine when the time to sue begins to run and when it expires. If you fail to start your lawsuit on time you may lose your right to pursue any recovery. The advice is to consult an experienced attorney as soon as possible once you suspect that you have been the victim of malpractice.
The sooner you reach out to our team, the sooner we can begin evaluating your case.
Victims of Emergency Room Malpractice Deserve Fair Compensation
Errors that occur in the emergency room can have a devastating impact on your immediate and future health. ER doctors and nurses and other liable parties are responsible for:
- Quickly diagnosing your illness or injury
- Stabilizing your condition
- Ordering necessary testing or treatment
- Recommending follow-up treatment
- Admitting you to the hospital if necessary
A failure to perform any of these or other related steps may indicate medical malpractice. Medical professionals who commit malpractice are liable under the law to provide compensation for your losses.
Hire an Attorney From Dansker & Aspromonte Associates to Help You with Your Claim Today
Since 1988, we have helped people like you protect their legal rights after an accident or medical malpractice. We are ready to take your call and provide a free consultation. If we do not recover compensation for you, there is no cost for our services.
State law gives you a short time to act after an emergency room error causes your injuries, so we encourage you to call us at your earliest convenience. Reach out to our team today to get started.