Emergency rooms are intended to provide patients with fast care for their acute needs. When an injured or sick person presents to an emergency room, the chances are good that the person is at risk of suffering significant, additional harm- or even death. 

However, the speed of care provided in an emergency room does not come without risk. When a hospital’s emergency room provides fast care that lacks diligence, bad outcomes become much more likely. 

A patient placed into Observation Status while in hospital care means that monitoring of their condition becomes the primary focus of emergency room personnel. When inadequate monitoring of the patient occurs, it is much more likely for errors to occur- even preventable ones. Ultimately, this is where a sick or injured person can see their condition deteriorate rapidly. 

Fast-Paced Environments Do Not Excuse Sub-Standard Medical Care

True enough, emergency rooms are fast-paced environments and require physicians to make decisions with little time to spare. Oftentimes, these emergency room doctors are forced to make decisions with limited information.  

A patient who initially is suffering from symptoms of a certain type may transition into completely different symptoms the longer they are left in observation status. It is up to the monitoring nurses and physician to observe, document, and recommend a course of treatment for the patient to the extent they are able to do so. 

The medical care a patient receives cannot and should not be impacted by the busy nature of the emergency room. Instead, patients are owed a certain duty of care that is applicable across the spectrum of hospitals. Personnel will be judged not up against what a “perfect” physician or nurse would have done. Rather, the reasonably prudent and proficient physician or nurse will be compared to the physician or nurse who provided the patient care. 

What Can Happen When an Emergency Room Patient is Poorly Monitored?

Patients who seek emergency care typically have injuries or illnesses that are worsening rapidly. These individuals cannot wait until the next appointment opens with their primary care provider. Instead, they seek out doctors and nurses who can provide immediate care. 

Many of these conditions that an emergency room physician is tasked with diagnosing require continual monitoring. Certain medical issues, like spinal cord injuries, chest pain, or a worsening infection, cannot wait until the next day to be diagnosed. Instead, these conditions must be monitored closely to make an accurate diagnosis. 

Misdiagnoses or outright missed diagnoses allow unseen conditions to become established within the patient’s body. These patients often have serious injuries caused by a physician attempting to move through a review of the presenting symptoms in hopes of making a quick diagnosis. A person who has seen their condition be poorly monitored has legal rights to be aware of in these settings. 

What Must a Patient Prove To Be Successful in a Failure to Monitor Claim?

A patient whose condition worsens and suffers injury as a result may be able to pursue a medical malpractice claim. The hospital itself, a physician, or nurses may all be at fault in various ways when it comes to causing the damages suffered by the patient. 

Recovering damages means establishing the four components of a negligence claim:

• Did the hospital, physician, or nurse owe the injured patient a duty to care for him or her? Almost certainly the answer to this question is “yes.” If a medical provider chooses to accept someone as a patient, then the odds are good that a duty of care is owed. 
• Next, it is necessary to examine whether there was a breach of the duty of care. In other words, did the care provided by the hospital, physician, or nurse fall below the accepted standard practiced by other emergency room providers? Would a similarly situated medical professional have provided better care than what was provided in this circumstance? The judgment of the doctor or nurse is in question here. 
• Third, it is necessary to determine whether the medical provider’s breach caused the injury suffered by the patient. In situations where the failure to monitor is at issue, it is usually necessary to prove that proper observation would have resulted in a different outcome for the patient. 
• Lastly, damages must be alleged and proven by the injured party. Medical expenses, both past and future, lost wages, and diminished future earning capacity are all available to an injury victim. Non-economic damages such as pain and suffering can also be proven with sufficient evidence. 

How to Handle Difficulties in Determining Who Is At Fault For Injuries Suffered

It is not always straightforward to determine who is to blame for injuries suffered by a patient in observation status. Establishing all four elements of a medical malpractice case means presenting a technically sound case to a fact finder- either a judge or jury. Compiling and then effectively utilizing all available evidence is a challenge for injury victims who have little to no experience building a strong malpractice claim. 

Patients must be observed with diligence and with a keen eye for symptom development. The failure to do so can have dramatic and life-altering consequences. Even if you or a loved one has suffered a substantial injury while in Observation Status in a hospital, it is not enough to presume that your case for negligence can be pursued without issue. 

Crim Law, PLLC: Fighting for the Rights of Injured West Virginians 

The West Virginia medical malpractice lawyers with Crim Law, PLLC, know that slip-ups in observing a hospital patient can lead to bad outcomes. To achieve the best possible outcome in your case, our team of legal professionals works diligently to pursue justice and protect your rights. Contact our office today for a free case review.