Columbus Emergency Room Error Lawyer

Emergency rooms can be intense, with medical professionals operating under time constraints. However, this does not mean that each patient should not be treated with care. Neglecting essential duties can result in lifelong injuries and liability on behalf of the emergency room in question. A Columbus emergency room error lawyer may assess if emergency room care fell below the standard of care and caused significant additional injury. 

Patients in Columbus visit numerous emergency departments, including The Ohio State University Wexner Medical Center, OhioHealth Grant Medical Center, and Nationwide Children’s Hospital. Patients visit hospitals across Franklin County and the greater Columbus area for various emergencies. Emergency rooms where negligence may have occurred must be evaluated based on what providers knew at the time they made critical decisions.

Get to Know Spangenberg Shibley & Liber

Spangenberg Shibley & Liber has served patients and families in major personal injury and medical malpractice cases since 1946.

The firm’s lawyers have secured over $1 billion for clients in verdicts and settlements, including millions for clients in cases involving missed diagnoses and treatments. We have also secured 25% of seven-figure-plus verdicts in Ohio over the past two years. However, past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.

When an Emergency Room Error Becomes Medical Malpractice

Not all negative emergency room experiences escalate to medical malpractice. In emergency rooms, doctors often operate from limited knowledge of a patient’s medical history and standing. Symptoms come on quickly, and decisions must be made with limited information. 

Determining negligence typically focuses on whether the healthcare professional acted like a similarly competent professional would have acted under the circumstances. The circumstances unique to emergency medicine therefore play a role when determining the appropriate standard of care. 

Proof that an emergency room deviated from the standard of care and caused harm is generally required to have a strong case. 

Establishing causation is perhaps the most important part of any potential malpractice case. Any physician can make a mistake without creating a valid malpractice claim if the mistake would not have changed the result. Conversely, delays of mere minutes or hours can be devastating for malpractice patients when dealing with conditions that require prompt intervention. 

Common Types of Emergency Room Errors 

Emergencies can result from an unlimited number of medical conditions. When someone comes to the emergency room, the medical team has to consider all the possible causes for their complaints. Emergency room doctors must decide which patients need immediate treatment and which can safely wait for further care. Errors that can cause severe injury include: 

• Misdiagnosis or delayed diagnosis of serious, time-sensitive illnesses, such as a heart attack, stroke, or sepsis
• Failure to properly triage a patient 
• Releasing a patient too soon
• Failing to monitor a patient
• Ordering inappropriate testing, or failure to order necessary diagnostic tests
• Misinterpreting test results or failing to follow up on them
• Medication errors

Deciding whether negligence occurred under the circumstances requires a thorough investigation. Lawyers and investigators must review the patient’s symptoms, vital signs, test results, medical history known to emergency room providers, and subsequent changes in the patient’s condition. 

Ohio Emergency Room Error Laws 

Emergency room errors are a form of medical malpractice and fall under Ohio’s general medical malpractice laws. Ohio Revised Code § 2305.113 states that a medical claim must be brought within one year of when the claim accrues. 

There is also a four-year statute of repose for some medical claims. This exists, for instance, if the injury wasn’t discovered until later, thus allowing additional time for the injured party to file a claim. The four-year repose period has exceptions. Ohio law allows the one-year statute of limitations to be extended up to 180 days if certain written notice is provided to the potential defendant before the one-year period expires. 

These time limitations highlight the importance of timing when it comes to suspected emergency room errors. Patients should not assume they have four years to file a claim. In most cases, the statute of limitations is one year. 

Additional Requirements

Ohio law also requires medical malpractice claims to be supported by professional evidence before they can be filed. Under Ohio Revised Code § 2323.451, once a medical claim is initiated, a plaintiff is required to provide an affidavit of merit for every defendant listed in the claim or request an extension to do so. 

A professional can review emergency room records to determine if the treatment provided met the proper standard of care. Professional testimony is crucial in emergency room error claims because the law allows the emergency room physician’s actions to be judged by what a competent emergency room physician would do under the circumstances.

A professional can help determine if there is legally sufficient evidence to support a malpractice claim. Understanding the distinction between a bad outcome despite reasonable care and substandard emergency care can help patients and families evaluate their claims. 

Damages Caused by Emergency Room Negligence 

According to an Agency for Healthcare Research and Quality (AHRQ) systematic analysis, approximately one in 18 patients, or 5.7% of ER visits, involve at least one diagnostic error. The damages available in an emergency room error case depend on the specific details regarding what happened. An eventual diagnosis that is delayed but does not cause any further harm is very different from a delay that causes permanent injuries. 

Some patients may sustain harm that calls for additional surgeries. Emergency room errors can increase the length of stay in a hospital. Patients may need rehabilitation therapy and future treatments they would not otherwise need. 

Permanent impairments can affect a person’s ability to work. Patients who cannot return to their chosen field may lose their ability to earn a living. If an emergency room error causes death, family members may pursue a claim for wrongful death. Damages in a wrongful death claim depend on the specific facts and statutes that apply to the case.

Hire an Emergency Room Error Lawyer

If you believe medical negligence has caused catastrophic injury, permanent injury, or death, you may choose to hire an emergency room error lawyer. A Columbus emergency room error attorney may request the entire emergency department report and build a timeline. The lawyer can also determine who made key decisions about the patient’s care. 

An examination of the patient’s history and medical documentation may be conducted by professionals to establish any deviation from the accepted medical protocols. Workers in neurology, cardiology, infectious disease, or another area may also be consulted when appropriate to the underlying condition. 

Lawyers can also take depositions and request additional evidence through the discovery process if your case goes to court. Providers may be questioned about their care under oath, and additional documentation can be requested. All of these steps are geared toward determining if there is enough medical evidence to prove negligence. 

FAQs

Q: Can a Mistake Made by Ambulance Services Be a Part of My Emergency Room Malpractice Case?

A: It is possible that a mistake made by ambulance services may be a part of your emergency room malpractice case. Emergency treatment and hospital care may involve separate providers and legal issues. In a serious case, it may be necessary to review both the treatment given prior to arrival at the emergency department as well as the care administered afterward. 

Q: Does Leaving the Emergency Room Against Medical Advice Prevent a Malpractice Claim?

A: Leaving the emergency room against medical advice does not necessarily prevent a malpractice claim. It’s possible, however, that the defense may argue that your own choices led to your injuries. Issues such as what providers told you before you left, whether you understood the risks of leaving, and whether negligence had already taken place are all going to be important. 

Q: Can My Child Be Injured by an Emergency Room Error in Ohio?

A: Yes, it is possible for your child to be injured by an emergency room error in Ohio. Children can be injured by negligent emergency room treatment just like adults can. Claims on behalf of minors may involve unique procedural and damages issues. Pediatric emergencies also tend to require medical professionals familiar with the challenges of treating children.

Q: What if the Emergency Room Diagnosed the Correct Condition but Provided the Wrong Treatment?

A: If the emergency room diagnosed the correct condition, but provided the wrong treatment, they may be subjected to emergency room error penalties. A legitimate claim could arise if doctors pinpointed your condition but then pursued a treatment that was unsuitable, gave you the wrong prescription, or failed to administer the care you should have received. 

Medical professionals would likely be asked to address whether the chosen course of treatment was reasonable and whether different care would have likely prevented your injury. 

Get in Contact With Spangenberg Shibley & Liber Today

If you or a loved one has suffered injury in an emergency room, Spangenberg Shibley & Liber can help you hold the responsible parties accountable. Contact us today for more information.