Medical errors are too common, especially in the emergency room. Even though the emergency room is a stressful and sometimes frantic environment, the staff must still provide a certain standard of care.
When this standard isn’t met, a patient can suffer serious harm or even death. The patient or their family could be entitled to medical malpractice compensation from the emergency care provider in such a situation.
If you or a loved one experienced medical malpractice in a Dayton emergency room, a Dayton emergency room errors lawyer could help you recover compensation.
What Damages Can I Recover for an Emergency Room Error?
You could choose to file a legal claim if you or a loved one got harmed due to an emergency room error. With your claim, you could pursue compensation for things like:
- Pain and suffering
- Emotional/mental anguish
- Loss of enjoyment of life
- Lost earning capacity
- Lost income in the past and future
- Hospital and other medical bills (current and future)
A lawyer from our firm can help you determine which damages you could claim. Your lawyer will also calculate the monetary values of non-financial damages like pain and suffering.
Wrongful Death Damages
Your lawyer can also help you calculate wrongful death damages if you lost a loved one due to an error in an emergency room. Wrongful death damages can include:
- Loss of consortium
- Loss of companionship
- Lost income for you and your family
- Lost benefits, like health insurance or a pension
- Emergency room expenses
- Funeral expenses
- Burial or cremation costs
- Additional, related costs
- Mental anguish
Your lawyer will handle your case with care while being firm with the other party’s insurer and lawyers.
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What Is Emergency Room Malpractice?
Generally, malpractice includes reckless or negligent professional activity. Malpractice is unfortunately common in medical settings, like emergency rooms. You might be a victim of emergency room malpractice if emergency room staff made an error in treating you.
Some common errors in emergency rooms are:
- Neglecting to examine a patient’s medical history
- Misdiagnosing a patient
- Delaying a patient’s diagnosis
- Failing to properly inform a patient of important details or instructions
- Administering the wrong medication
- Administering the wrong dosage of a medication
- Neglecting to notice signs of a patient’s distress, such as an allergic reaction
- Discharging a patient that’s still seriously injured or ill
You might have experienced a different emergency room issue or lost a loved one due to medical malpractice. Regardless of your situation, our firm wants to help you. You don’t have to handle your situation alone.
Most Instances of Malpractice Involve Negligence
Most of the time, malpractice involves negligence, which is irresponsibility. There is a failure to provide a certain standard of care with medical negligence. All medical professionals must provide a certain standard of care. When they don’t meet this standard, this could be considered negligence and malpractice.
The Last Thing You Should Worry About Is How You’re Going To Pay For Your Medical Bills.Talk To An Attorney Now »
Who Is Responsible for Emergency Room Errors?
In most instances of malpractice, employers are held responsible for the actions of their employees. However, employers aren’t necessarily responsible for the actions of subcontractors/independent contractors. Many of the staff members are subcontractors and independent contractors in emergency rooms.
It can be difficult to determine who is responsible in an emergency room error case. It can also be difficult to establish that an error was due to negligence and malpractice. Your Dayton lawyer could help.
However, the party that pays you a settlement or judgment award would likely be paid by the medical office or hospital’s insurance company. You could also sue the medical professional in some situations. This would require them to pay you, personally.
How Do You Prove Medical Malpractice Occurred?
Our lawyers must establish the following to prove malpractice occurred in any medical setting:
- The medical professional has a responsibility to provide a patient with a certain standard of care
- The medical professional did not meet this standard of care
- The medical professional’s failure caused harm
- The patient suffered harm due to the medical professional’s action or inaction
A lawyer could refer to a medical expert to confirm that negligence occurred. The expert could testify for the patient and verify an affidavit of merit, as required under Ohio Revised Code Section 2323.451. Your lawyer could also seek out sources of proof to support your case, including your medical history.
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Your Lawyer Will Help in Other Ways, Too
If you hire a lawyer from our firm, you won’t have to communicate or negotiate with the other party’s insurer or lawyers. Your lawyer will take care of this for you and aim for a fair settlement. If the other party won’t settle, your lawyer could argue your case instead to a judge and jury.
If you lost your loved one due to medical malpractice, your lawyer would do their best to ensure you and your family get the compensation you need.
Reach Out to to Retain a Emergency Room Errors Lawyer Serving Dayton
Connect with The Fitch Law Firm LLC today. By doing so, you’ll let us start building your or your loved one’s case right away. This also gives us plenty of time to prepare for the other party’s responses. If you have a wrongful death case, you can be sure we’ll handle it with the utmost care.
When you call us, we’ll tell you about our attorneys and offer you a free consultation with us. We’ll help you examine your legal options during a consultation and decide how to proceed with your case. Call us today at (937) 660-4232.
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