Medical negligence causes harm to many emergency room patients each year in West Virginia. Depending upon the specific circumstances, the injured party may be able to file a medical malpractice lawsuit against an at-fault doctor, the hospital itself, or both. 

A key difficulty lies in determining which party is legally responsible for the patient’s injuries. Sorting out the role that the doctor and hospital played in the incident requires a significant amount of analysis. A review of who made the mistake, whether the doctor was employed by the hospital, and any role the hospital played in the error all must be undertaken. 

Finding the answer to the question of who to sue in an emergency malpractice case will go a long way towards assessing whether an injury victim will be able to recover damages. 

What Parties May be Sued in an Emergency Room Medical Malpractice Case?

Medical malpractice cases that occur in an emergency room may result in three possible outcomes for parties available to sue:

1. A specific doctor or other medical provider may be sued
2. The hospital or emergency room itself may be sued
3. The hospital and the doctor may be sued, depending on who was negligent and how

An important question to answer in this discussion relates to the doctor’s employment status. Was the doctor an employee of the hospital or an independent contractor?

Under What Circumstances May a Hospital Be Sued?

When a hospital or emergency room employee was negligent in performing their job duties, a hospital may be sued. This includes medical providers such as doctors, nurses, and emergency room staff. It is also critical to note that the medical provider must have been performing a service within the scope of their job responsibilities. 

Why Sue a Hospital?

1. Hospital employee(s) were negligent in performing their job duties. Preventable medical errors below the acceptable standard of care for that area of medicine indicate negligence. Because hospitals are responsible for their employees’ job performance, an injured patient may sue the hospital or emergency room.
2. Malpractice occurred on the part of an emergency room employee. Due to the crowded and busy nature of most emergency rooms, it is not difficult to conceive of a scenario where delays in treatment occur. These providers need to make quick decisions in a high-pressure environment. When those decisions cause patient injuries, that is when lawsuits become a consideration. 
3. Hospital or emergency room employees make mistakes in surgery. A hospital is responsible for its employees’ mistakes. This is especially true when considering the performance of a doctor or nurse during surgery. Major mistakes- such as leaving surgical equipment within the body of a patient- are just the tip of the iceberg when it comes to medical malpractice. 

Why Sue a Doctor?

If a doctor was negligent in performing their job duties, then they, too, can be sued. As previously mentioned, the key question of whether the doctor, the hospital, or both may be sued depends on whether the doctor was an employee of the hospital or was performing their job duties as an independent contractor.

Simply put, a hospital or emergency room may only be sued if the negligent act or omission was performed by a doctor who is also an employee of the hospital or emergency room. When a doctor is not an employee of the hospital or emergency room, they can still be sued individually. 

Misdiagnosis or delayed diagnosis are among the most common reasons why doctors are sued. A serious condition that is misdiagnosed or not diagnosed at all can lead to complications for a patient. Emergency room doctors have split-second decisions to make. When the incorrect diagnosis or surgical recommendation results, there is the potential for negligence. 

What is the Process for Proving Fault in an Emergency Room Malpractice Case?

There is a four-step process to proving fault on the part of a doctor, hospital, or both:

• Did the doctor, hospital, or both have a duty to provide medical treatment that was safe and reasonably believed to lead to success for the patient?
• Once the duty of care is established, it must be asked whether the hospital, doctor, or both failed to meet the minimum standard for care in that area of medicine
• Did the negligence of the hospital, doctor or both cause the injuries suffered by the patient?
• Finally, what sort of damages did the victim suffer in relation to their injuries? Damages can be considered in terms of economic (medical bills, lost wages) as well as non-economic. 

What Evidence Is Important in an Emergency Room Medical Malpractice Case?

There are a range of evidence types which matter a great deal in an emergency room medical malpractice case. 

First off, medical records comprise the rundown of minute-to-minute care received by the patient in the emergency room. What were their blood test results immediately before surgery was recommended? Did the emergency room doctor double-check that the prescription filled by the hospital pharmacy clearly stated the correct dosage for a particular medication for the patient? 

Also critical to the success of an injury victim is the testimony of an expert witness. Medical terminology and witness preparation are outstanding. The defense firm representing a hospital, its employee-physician, or both will almost certainly have an expert witness of their own available to testify at trial and provide a report for the court or a jury. 

Contact an Experienced West Virginia Emergency Room Negligence Lawyer Today

Crim Law, PLLC serves clients injured in emergency rooms with great respect. Our team of West Virginia emergency room negligence lawyers understands that achieving success in a negligence case requires preparation. Contact us today for a free case review.