The fast pace and severe injuries common to emergency room care create a perfect scenario for mistakes to be made. When staff try to treat too many patients too quickly, an incorrect diagnosis, improperly dosed medication, or an operating error can make a difficult situation even worse. 

How Emergency Room Negligence Occurs

A hospital emergency room has doctors, nurses, and other healthcare professionals coordinating care for seriously injured and ill patients. Even in a hectic environment like an emergency room, medical standards of care must still be met. No matter how many staff members are on duty or how many beds are available, the standard does not lower itself. 

As an individual presents to the emergency room multiple times, they may have to wait for a doctor, nurse, or bed to become available. Those people with life-threatening problems take precedence over those seeking care for more chronic or non-severe conditions. 

This is a prime example of when negligent care can occur in an emergency room. Those individuals who are adept at not showing their true symptoms or minimizing the outward signs of pain tend to receive delayed attention in an emergency room. Those who communicate their symptoms more clearly and show more severe problems tend to receive treatment sooner. 

What Happens When a Patient is Treated by an ER Doctor or Nurse?

Emergency room doctors and nurses must make decisions quickly with limited information. Fast diagnoses result from brief examinations. Diagnoses and plans of care are developed in just a few minutes- often with no time to spare for discussion or debate among treatment providers.

However, the pace and pressure of an emergency room do not give a nurse or doctor permission to deviate from the accepted standard of medical care in that environment. A misdiagnosis can lead to injuries or worsen an existing condition. Failing to properly treat a patient can result in the doctor being held liable for the patient’s injuries. 

Unfortunately, when medical staff tries to move quickly while treating a patient, communication sometimes falls short. In that type of situation, a nurse who initially examined a patient may not tell an emergency room physician everything that needs to be said about the patient and their presentation. That kind of missed communication can lead to improper diagnoses and poor patient outcomes. 

When Injury Results from Emergency Room Negligence

Life-altering injuries may result from improper care in an emergency room. Hospitals, doctors, and nurses may be individually liable or jointly liable for a patient’s injuries. In these situations, it is best to have a plan for how the injured person will recover damages for the harm they suffered.

Medical care for the injuries a person endures represents a major portion of these damages. Emergency medical care, a hospital stay, rehabilitation, and physical therapy are just a handful of the types of medical bills a person may be responsible for after suffering an injury in an emergency room. Lost wages from missing work are another type of damage which may be sought in a lawsuit. These damages are known generally as economic damages. 

On the other hand, non-economic damages are those a victim of negligence cannot necessarily measure in dollars and cents. Losses like pain and suffering, emotional distress, and damages related to the loss of intimacy with a spouse are all important parts of a person’s life but are nonetheless difficult to quantify in economic terms. Often, an expert witness must submit a report or offer testimony to provide legitimacy and context for these types of damages.

Suing a Hospital, ER Doctor or Both – A Plan for Injury Victims

You can file a lawsuit against a West Virginia hospital for employing a negligent emergency room doctor or nurse. Additionally, a hospital may be sued directly for failing to have safeguards and processes in place that could have prevented the negligent act(s). An injury victim must determine which route offers the best chance of recovering the damages they deserve in their case. 

Under a legal theory known as vicarious liability, a hospital may be found liable when an employee acts negligently while treating patients. A court can find liability even if the hospital did nothing actively wrong when the injury occurred. However, because an employer may be held at fault for harm caused by an employee, the hospital could also be responsible for paying the injured person damages. 

When a hospital plays a more active role in emergency room negligence, a lawsuit can be brought directly against the hospital under a separate legal theory known as corporate negligence. A hospital must ensure its employees are properly credentialed, skilled, and qualified to work in an emergency room environment. Failing to ensure these attributes may result in a hospital being found directly at fault for a victim’s injuries. 

What Must Be Demonstrated to Win an Emergency Room Negligence Case?

In West Virginia, an injury victim must file a legal document known as a Screening Certificate of Merit before a case can proceed. Typically, this document is completed by a medical professional and confirms that the defendant hospital, physician, or nurse breached the duty of care owed to patients. Further, the plaintiff must argue that the breach caused the victim’s injuries and damages. 

Obtaining a Screening Certificate of Merit takes planning. There is a limited amount of time after a Defendant files their Answer for this Certificate to be filed with the court. Injury victims must have a plan in place to ensure that deadlines are met for their claim to proceed. 

Contact the Crim Law, PLLC for a Free Case Review

Don’t let a negligent hospital take advantage of your rights. Contact West Virginia emergency room negligence lawyers, Crim Law, PLLC today. We offer free case reviews where your particular circumstances may be discussed directly with an experienced legal advocate.