Can You Sue an Emergency Room for Negligence?

When you or a loved one walks into an emergency room, you expect swift and competent care. ER doctors, nurses, and staff are trained to make quick, life-saving decisions under intense pressure. 

But even in high-stress situations, medical professionals are still held to certain standards. If they fail to uphold their duty of care and that failure results in harm, you may have legal grounds to sue the emergency room for negligence.

At Morgan & Morgan, we believe that no one should suffer the consequences of medical negligence, especially in the place where they sought help in their most vulnerable moment. If you or a loved one suffered harm in an emergency room due to negligence, contact us today for a free case evaluation to learn more about your legal options.

What Is Emergency Room Negligence?

Emergency room negligence occurs when medical staff in an ER setting fail to meet the accepted standard of care, resulting in preventable harm or death to the patient. The “standard of care” is the level and type of care that a reasonably competent ER professional would provide under similar circumstances.

Negligence doesn’t necessarily mean that a mistake occurred. Doctors are human, and not every unfavorable outcome is malpractice. But when a mistake results from carelessness, delay, poor judgment, or failure to act within the scope of accepted medical practice, it may rise to the level of negligence.

Common Examples of Emergency Room Negligence

Emergency rooms are chaotic by nature, but that doesn't excuse harmful errors. Common examples of ER negligence include:

Misdiagnosis or Delayed Diagnosis

If a doctor fails to diagnose a heart attack, stroke, internal bleeding, or another life-threatening condition in time, the results can be catastrophic. A delayed diagnosis could mean missing the narrow treatment window that would have saved a patient’s life or mobility.

Failure to Order Appropriate Tests

In some cases, ER staff may fail to order CT scans, X-rays, bloodwork, or other diagnostic tests, resulting in incomplete or incorrect diagnoses.

Improper Triage

Triage nurses are trained to assess the urgency of patients’ conditions and prioritize care accordingly. A failure to accurately assess symptoms and delay treatment for someone in critical condition can lead to severe injury or death.

Medication Errors

This includes giving the wrong drug, the wrong dosage, or administering medication a patient is allergic to. Medication errors in the ER can result in serious adverse reactions or even fatal outcomes.

Surgical Mistakes or Procedural Errors

Though most surgeries are done outside the ER, emergency rooms often perform procedures like intubation, setting broken bones, or stopping internal bleeding. If performed negligently, these procedures can lead to permanent injury or death.

Inadequate Monitoring

Some patients may be stabilized and then neglected in ER beds or hallways without adequate monitoring. Deterioration can happen rapidly, and without prompt attention, it can be fatal.

Premature Discharge

Discharging a patient too soon before confirming that their condition is stable or without giving proper instructions can result in complications that may have been prevented with proper care.

What to Do if You Suspect Emergency Room Negligence

If you believe you or a loved one has been harmed by negligent care in an emergency room, here are some steps to take:

1. Seek Immediate Medical Attention: If you’re still experiencing symptoms, get a second opinion or emergency care right away.
2. Request Medical Records: Obtain all documentation from the ER visit. These will be crucial in evaluating your case.
3. Document Everything: Keep records of your symptoms, medical visits, expenses, and any communications with the hospital.
4. Contact Morgan & Morgan: Don’t try to go it alone. An attorney can review your case, consult with experts, and help you understand your rights.
   
    

Can You Sue an Emergency Room?

Yes, you can sue an emergency room for negligence if you can prove that their actions or inactions deviated from the accepted standard of care and caused you harm. However, emergency room cases can be more complex than standard malpractice lawsuits due to:

• The fast-paced environment: Courts may give some leeway to emergency room providers due to the urgent nature of care.
• Good Samaritan laws: Some state laws protect emergency medical personnel from liability under certain circumstances, but these laws don’t apply if the provider was grossly negligent.
• Government-owned hospitals: If the ER is part of a public hospital or government-run facility, special rules may apply, including stricter deadlines and caps on damages.

That's why it’s crucial to consult with experienced medical malpractice attorneys who understand the unique challenges of ER-related lawsuits.

Who Can Be Held Liable?

Multiple parties may be legally responsible in an emergency room negligence case, including:

ER Doctors

Physicians who misdiagnose, delay treatment, or perform procedures incorrectly may be directly liable for patient harm.

Nurses

ER nurses who fail to follow protocols, administer incorrect medication, or mismanage patient care can be held accountable.

Hospital Administration

Hospitals can be liable for systemic issues, such as understaffing, lack of training, or failure to maintain proper equipment and protocols.

Third-Party Contractors

Some emergency rooms are staffed by third-party medical groups not directly employed by the hospital. These entities may also bear liability in a negligence case.

What You Need to Prove in an Emergency Room Negligence Case

Winning a medical malpractice lawsuit against an ER requires proving four legal elements, often referred to as the "Four Ds" of negligence:

1. Duty of Care

You must prove that the ER staff owed you a duty of care. In other words, once you were admitted or evaluated, the medical personnel were obligated to provide competent care.

2. Breach of Duty

You must show that the doctor, nurse, or staff member failed to meet the standard of care expected in that situation.

3. Causation

It must be demonstrated that the breach of duty directly caused your injury or made your condition worse.

4. Damages

You need to prove that you suffered harm as a result—physical, emotional, and/or financial. This could include additional medical expenses, lost wages, pain and suffering, and more.

Statute of Limitations for ER Negligence Lawsuits

Each state has its own time limits for filing a medical malpractice claim. These are known as “statutes of limitations” and generally range from one to three years from the date of the injury or discovery of the injury. However, exceptions may apply for:

• Minors
• Mentally incapacitated patients
• Cases involving fraud or concealment

Missing the deadline usually means losing your right to sue, so it’s crucial to act promptly.

What Compensation Can You Recover?

If you successfully sue an emergency room for negligence, you may be entitled to compensation for:

• Medical expenses (past and future)
• Lost income and loss of future earning capacity
• Pain and suffering
• Emotional distress
• Loss of consortium (for spouses or family)
• Wrongful death damages (if the patient died due to negligence)

There may also be punitive damages awarded in extreme cases of gross negligence or recklessness.

How Morgan & Morgan Can Help

ER negligence cases are complex, highly contested, and require in-depth medical and legal knowledge. At Morgan & Morgan, we have a nationwide network of medical malpractice attorneys with the experience, resources, and dedication to go up against hospitals and insurance companies and win.

We understand that victims of ER negligence are often left with devastating physical and emotional scars, and we’re here to help you rebuild.

Emergency rooms are supposed to be places of refuge and rapid care, not risk and neglect. While not every bad outcome is malpractice, serious mistakes caused by carelessness, poor decision-making, or systemic issues in the ER can result in life-altering consequences for patients and their families.

If you or a loved one has been a victim of emergency room negligence, you may be entitled to compensation, and Morgan & Morgan is here to help. Our team of seasoned attorneys will fight to hold negligent parties accountable and get you the justice you deserve.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.