Enduring an experience in the emergency room, whether it is in regards to yourself or a loved one, can be a jarring experience. This experience can be even more terrifying if malpractice is found to occur. A Hudson Valley emergency room malpractice lawyer could potentially help in building your case and presenting it adequately in a trial.

An experienced medical malpractice attorney may know the right way to assist you after going through such a harrowing experience.

Is The Doctor Responsible for Medical Malpractice if It Occurs In an Emergency Room?

An emergency medicine physician is responsible for diagnosing and treating emergency medical conditions. The doctor is responsible if they do not diagnose an emergency medical condition, and therefore are responsible for medical malpractice.

An emergency medical condition means a condition that could cause death very soon, for example within the next 24 hours.  An example of something that is not an emergency would be, for example, if somebody has cancer.

Generally, that will not result in death within 24 hours, so the doctor would refer that patient for treatment back with the primary care physician. The responsibility of the emergency medicine doctor is to diagnose and treat conditions that are likely to result in serious harm or death in the next 24 to 48 hours. Medical malpractice can occur in a variety of ways in an emergency setting.

When a patient presents to the emergency department with a certain type of presentation,  it is the responsibility of the emergency medicine doctor to order the proper treatment and analysis. Failing to diagnose properly deal with an emergency room ailment can be considered medical malpractice on the part of emergency doctors.

Difference Between Emergency Rooms and Other Medical Settings

An emergency medicine physician does not generally have any knowledge of the patient or their medical background and, for that reason, the history that they have to take is very important. They can take a history from the patient as well as the patient’s family and could also look at past medical records to get a bigger picture of what brings the patient into the emergency department. When there is any doubt about whether the patient has an emergency medical condition, the patient should be kept in the hospital for further treatment.

Liability in Emergency Rooms Versus Other Settings

The standard of care in the emergency department is well-defined and clear-cut for most presentations. In other medical situations outside of the emergency department, the standard of care may not be as well-defined, so the different treatment alternatives for patients with different clinical presentations might vary. This makes the situation a bit different, and the liability is much more clearly defined.

Standard of Emergency Care

The emergency medicine physicians should be board-certified in emergency medicine. Board certification in emergency medicine is a national standard of care, so the standard of care does not vary from one emergency department to the next. Whether it is a community hospital or a higher-level tertiary care hospital, the standard of care in the emergency department should be the same.

First Steps in Dealing With Emergency Room Malpractice

The first step that a person should take if they are a victim of medical malpractice in an ER is to get better and look after their health. Do not worry about hiring a lawyer yet. Get better. When the person is recovered from their injuries, then they should carefully research and evaluate the right lawyer for their case.

The second step people should take is to attain their medical records, which may make it easier for a Hudson Valley emergency room malpractice lawyer to evaluate the case.

Contacting a Hudson Valley Emergency Room Malpractice Attorney

Finding the right lawyer is the most important thing that you could do when facing emergency room malpractice. A seasoned medical malpractice lawyer should know the correct protocol for proceeding in a malpractice case and protect your rights. If you have been injured due to emergency room malpractice, speak with a qualified Hudson Valley emergency room malpractice lawyer that could work tirelessly to achieve a positive outcome for you.