These errors can cause medical malpractice.
mergency rooms have a tendency to be very very busy. Emergency room physicians are some of the most challenged in medicine today. Once emergency rooms can be very chaotic, medical malpractice law might afford an emergency room doctor more latitude than might be given to other doctors who have time to map out the proper course of treatment. This latitude, however, must be given unlimited leeway. Emergency room doctors are still held accountable for harms caused to patients because of deviations from the standard of care. The patient must prove three elements in order to win a medical malpractice lawsuit based upon errors which occurred in the emergency room. These elements are as follows: 1) That there was a patient-doctor relationship, 2) the emergency treatment involved negligence, and 3) the patient was harmed because of the negligence.
Generally, it is easy to establish this relationship. The doctor-patient relationship is normally established when a doctor treats a patient in the emergency room. Normally, records and treatment charts of the patient are sufficient to show a doctor-patient relationship.
The doctor fails to comply with the standard of care. A physician who does not provide care within the standard of care under similar circumstances might be liable for negligence. In order to demonstrate negligence, the patient must prove 1) standard of care and 2) breach of the standard of care
Emergency standard of care
Concerning the majority of emergency room errors lawsuits, the standard of care requires expert testimony.
Standard of care breach
The next requirement is for the patient to show that the emergency room treatment did not comply with the standard of care. Plaintiff has to prove that the physician’s negligence caused forcible harm in order to win the medical malpractice lawsuit. This harm consists of: pain and suffering, cost of medical bills due to additional corrective treatment, loss of earning capacity and loss of ability to enjoy life.
For help with these types of cases call Attorney Chelpaty.
Emergency room errors attorney Alamogordo Emergency room errors attorney Silver City
Pharmacy errors attorney Silver City
Tim Chelpaty Law Office
121 Wyatt Dr. Suite #2
Las Cruces, NM 88005
Monday - Friday
9am to 5pm
Follow the Law Office of Tim Chelpaty on Facebook