Instead of receiving competent care in what may be one of the most critical times in their life, patients impacted by an emergency room error might suffer serious side effects or even death. A compassionate Newburgh ER error lawyer understands how these errors change the lives of victims and their families. Injured ER patients often rely on a medical malpractice attorney to protect their legal rights and pursue justice.

Types of Emergency Room Errors

Errors made by medical professionals could happen in any healthcare setting, but sometimes, the ER is more vulnerable to mistakes because of the speed and chaos in that environment. Emergency room staff members are trained to be level-headed and make confident decisions in times of uncertainty, but as with all professionals, they may fail.

Errors might involve misunderstanding symptoms, making a diagnosis too late, or making an incorrect diagnosis. Other types of ER errors include:

Certificate of Merit Filing Requirement for ER Error Cases

As a part of tort reform to relieve courts fraught with medical malpractice cases without legal merit, New York Civil Practice & Law Rules § 3012-a was enacted. Under this statute, a Newburgh ER error attorney who files a case on behalf of the victim must also file a certificate of merit.

The only exception to this law is if filing the certificate of merit will delay the initial case filing past the two year and six-month statute of limitations. If this exception applies, a 90-day extension past the date of the case filing may be granted.

A certificate of merit is the plaintiff’s attorney attesting that one of the following applies to the malpractice case:

  • The attorney met with a healthcare professional in the same field of study who agrees that a lawsuit is warranted
  • The attorney tried on at least three separate times to meet with qualified healthcare professionals but was unable to do so

If this certificate is not provided by the attorney, the judge could dismiss the case.

Call a Skilled Newburgh ER Error Attorney

Emergency room error injuries may be quite serious, involving complex laws and legal concepts. Negotiating with insurance companies and dealing with the liable parties is difficult but a Newburgh ER error lawyer may be able to help you negotiate for a settlement, or prepare for litigation and trial.

The liable parties and their insurance companies will likely attempt to make settlement offers to avoid court, but many times these initial settlement offers are less than deserved. For full recovery, it is necessary to retain a seasoned malpractice lawyer who is experienced with emergency room error cases. Call a skilled lawyer today to start fighting for the compensation you need.