Emergency rooms are meant to quickly handle medical emergencies and direct patients to further care. Suffering additional injuries due to a provider’s negligence is especially challenging. If you’ve been harmed when seeking care, reach out to an experienced Harrisburg medical malpractice attorney at Marzella & Associates for help.
The Basis of Emergency Room Medical Malpractice Claims
The basis of every emergency room medical malpractice claim is that an ER doctor, nurse, tech, or provider negligently caused the patient to suffer damages. Emergency rooms handle a broad range of cases, and they can’t be expected to provide flawless care to every patient who passes through their doors. And they are not held to this unachievable standard.
The Standard of Care Established by the Profession
Emergency room providers must follow the profession’s standard of care: providing the same medical care that similarly trained professionals would have provided in similar situations. Not following this standard may be medical malpractice.
This standard is determined by the following:
- What other reasonable medical professionals with a similar level of training would have done in a similar situation
- The level of care that other ER facilities with similar professional standing would have provided
When either the medical provider or the ER facility fails to meet this professional standard, medical malpractice may arise.
Not Every ER Is Held to the Same Standard
Some ERs have advanced facilities and specialized staff, while others offer basic care. Many ERs fall between these extremes.
The care you receive in a state-of-the-art facility will be compared to that in other emergency rooms that meet this level. If, however, you were injured by the medical attention you received in a local ER that provides basic care, your claim will involve the standard of care that applies at that level.
In other words, not every medical malpractice claim that is based on ER visits is judged in relation to the same standard of care. For your claim to qualify as medical malpractice, the care you received must have been negligent, which is different than simply involving a mistake.
The result of your ER care does not alone establish a malpractice claim. It is necessary to prove that the provider or facility did not meet the relevant standard of care, a clear distinction from simply receiving an undesirable outcome.
Discuss Your Claim with an Experienced Harrisburg Medical Malpractice Lawyer
Our well-respected Harrisburg medical malpractice attorneys at Marzella & Associates have extensive experience handling challenging ER negligence claims. Contact us online or call 717-876-8681 to schedule your free consultation.