Emergency room mistakes in diagnosis or treatment can inflict serious injury when patients require immediate care. A poor result does not necessarily mean that a Columbus hospital is legally accountable, however. Liability usually turns on whether the care provided fell below the relevant medical standard, whether the negligence caused injury, and who should bear responsibility.
Emergency care in Columbus is available at The Ohio State University Wexner Medical Center, OhioHealth Grant Medical Center, OhioHealth Riverside Methodist Hospital, and Nationwide Children’s Hospital. Because hospitals use teams of providers to staff emergency departments, responsibility for negligence may depend on the actions of both individuals and the hospital itself.
When Emergency Room Treatment Becomes Malpractice
Emergency rooms require providers to work quickly. In emergency situations, physicians may have incomplete patient data, and injuries that manifest quickly demand swift diagnosis and care. Medical malpractice may occur when a healthcare professional fails to act as a reasonably careful provider would under similar circumstances and that negligence causes additional injury. Mistakes that can lead to emergency room malpractice claims include:
- Ignoring abnormal findings during testing
- Failing to recognize symptoms of serious illnesses
- Administering the wrong medication
- Providing incorrect doses of medication
- Prematurely discharging a patient
Approximately one in 18 patients, or 5.7% of emergency room visits, involve at least one diagnostic error, according to an Agency for Healthcare Research and Quality (AHRQ) systematic review.
When a Hospital Is Liable
A hospital may be responsible for negligent actions by its employees who are working within the scope of their employment. In some situations, hospital liability may arise from the actions or omissions of the facility itself.
Establishing responsibility can be more complex when the negligent physician is not an employee of the hospital. The contractual relationship between the healthcare provider and facility may need to be reviewed.
Cases involving the emergency room may include multiple providers whose negligence collectively caused injuries. Medical records and witness testimony can identify who made particular decisions and whether those mistakes resulted in harm to the patient.
Ohio Emergency Room Error Laws
Like many states, Ohio has unique procedural rules that apply to claims of medical malpractice. Ohio places a time limit on when medical malpractice claims can be filed. According to Ohio Revised Code § 2305.113, claims generally need to be initiated within one year of when the claim arises.
Ohio also requires plaintiffs in medical malpractice cases to obtain preliminary professional evidence before filing a claim. Ohio Revised Code § 2323.451 outlines the requirements for having Affidavits of Merit. Attorneys should review potential claims as soon as possible after serious harm.
Failure to Diagnose a Medical Emergency
Emergency room mistakes that result in a failure to diagnose may be catastrophic if the condition was time-sensitive. Stroke, sepsis, pulmonary embolism, internal hemorrhage, and cardiac events are substantially more harmful when treatment is delayed. An investigation can assess when symptoms were recorded, when testing was ordered, and how medical providers responded to results.
You’ll generally need testimony from a skilled expert to support your claim. The information provided should clearly indicate hospital negligence and suggest that timely diagnosis would likely have led to a more favorable outcome.
Built for High-Stakes Medical Litigation
Spangenberg Shibley & Liber has extensive experience with emergency room errors that cause permanent disability, wrongful death, and failures to diagnose. Founded in 1946, our law firm has recovered $1 billion in verdicts and settlements for injured people.
We’ve built a proven history by successfully litigating valid claims. Over the last two years, we have secured 25% of all seven-figure-plus verdicts obtained in Ohio. Recent Ohio medical malpractice verdicts and settlements include $8.5 million, $6.5 million, and $5.1 million outcomes for clients. However, past results are not a guarantee of a similar outcome; every case must be evaluated on its own merits.
Hire an Emergency Room Error Lawyer
If you suspect a doctor or hospital’s negligence led to permanent disability, a catastrophic injury, or wrongful death, you should hire an emergency room error lawyer. Responsible parties may face emergency room error penalties for their negligence.
Legal counsel can request the full emergency room record, identify negligent providers, and establish a timeline based on your treatment. Your Columbus emergency room error attorney
can also request additional documentation and testimony through the discovery process if your case goes to trial. Spangenberg Shibley & Liber can help. Contact us today to get started.
