Medical malpractice can leave emergency room patients in Chicago, and throughout the state, with serious injuries. Each year in the U.S., there’s an estimated 130 million emergency department visits for urgent medical needs. When, due to acute injuries, the severe or sudden onset of symptoms, or life-threatening conditions, patients go to the ER, they can reasonably expect to receive prompt attention and a thorough assessment to identify and treat their conditions. However, in some cases, negligence on the part of emergency department staff deny them the care they need.
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If you suffered harm after receiving substandard care in a Chicago hospital, call our medical malpractice lawyers at Ankin Law to discuss your options. 312-600-0000.
Understanding Emergency Room Negligence
Emergency room negligence occurs when healthcare professionals in an ER fail to provide the expected standard of care, resulting in harm to the patient. Hospital emergency departments are meant to be havens for timely and accurate medical care during critical situations. Sometimes, though, things go wrong, and patients do not receive the care they should.
Negligence differs from simple errors. Mistakes can, and do, happen, even in the high-pressure environment of an ER. Negligence, however, involves a breach of the healthcare professional’s duty of care. Hospital malpractice lawyers may help patients understand if the circumstances of their care reach the level of negligence.
A woman in Decatur claims that negligence on the part of St. Mary’s Hospital staff and emergency medical technicians nearly cost her life recently. After reporting anxiety as a prior diagnosis during a review of her medical history with paramedics, the patient alleges that the healthcare professionals did not treat her with an acceptable level of care.
Common Examples of Emergency Room Negligence
Negligence can take many forms in emergency room settings. Some of the most common examples of such failures to meet the standard of care include:
Misdiagnosis and Delayed Treatment
Misdiagnosis occurs when a healthcare provider fails to correctly identify a patient’s condition. A missed or incorrect diagnosis can delay treatment, worsening the patient’s health. For instance, failing to identify a heart attack or appendicitis as a primary concern may have serious consequences, from worsened condition to additional medical complications, or even death.
The woman treated at St. Mary’s Hospital alleges her diagnosis was missed, and she was delayed treatment. In a social media post, the woman claims that it wasn’t until she lost consciousness trying to pull herself into a wheelchair that she was seen and had her vital signs checked. The woman was experiencing unbearable pain and breathing difficulties, prompting her sister to call 911 for emergency assistance.
Medication Errors
Prescribing the wrong medication, administering an incorrect dosage, or failing to consider allergies are all potential medication errors that can cause significant harm in an emergency setting. Due to medication-related mistakes, patients may suffer effects ranging from minor side effects to severe complications, or death.
Failure to Order Necessary Tests
Patients may suffer serious harm when ER staff fail to request appropriate diagnostic procedures given their symptoms or condition. Jumping to conclusions without proper testing can lead to missed diagnoses and improper treatment plans. Not ordering an X-ray for a suspected fracture or neglecting a blood test for potential infections could be examples of negligence in healthcare.
Improper Discharge
Discharging a patient before their condition is stable or without proper follow-up instructions can be detrimental to their health. For instance, improper discharge may include releasing a patient with uncontrolled pain or unstable vital signs, without ensuring the patient understands his or her medication regimen, without arranging needed at-home care or follow-up appointments, and other such scenarios. Patients who suffer worsened health or other harm due to improper discharge may ask, “Can I sue for emergency room malpractice?”
Why Does ER Negligence Happen?
The same factors that fuel the intent of hospital emergency departments contribute to the occurrence of negligence and medical mistakes in such settings. Emergency rooms provide life-saving care in high-pressure situations. Consequently, they must prioritize rapid assessment and treatment. In some cases, though, this may result in overlooking crucial details or symptoms, and making rushed diagnoses. The constant influx of patients in ERs limits the time that staff spends with individual patients, which may also increase the risk of mistakes.
Staffing issues also commonly contribute to emergency room negligence. If not adequately staffed, doctors, nurses, and other healthcare professionals can be overworked, increasing the risk of mistakes because of stress or fatigue. Additionally, there may be situations in which less experienced staff must take on complex situations they are not fully prepared for.
The woman in Decatur claims bias because of her anxiety diagnosis contributed to the negligence she experienced. She alleges EMTs and nurses dismissed her symptoms as that of an anxiety attack, instead of due to a serious medical emergency. The woman was reportedly suffering with an ectopic pregnancy and her abdomen was filled with blood. During the ordeal, the patient says paramedics instructed her to move herself to a wheelchair, and that hospital staff threatened to call security when she attempted to lay down on the floor because she was unable to breathe seated in the chair.
What Are the Consequences of Negligence in an Emergency Room?
Emergency room negligence can have far-reaching impacts on patients, affecting their physical and emotional wellness, finances, and overall quality of life. Not receiving appropriate care may have a detrimental effect on patients’ conditions. They may suffer worsened injuries, delayed recovery, long-term health issues, and an increased risk of death.
Experiencing negligence at the hands of those entrusted with their care can also cause emotional and psychological trauma for patients. Some may experience fear of future medical situations and a distrust of the healthcare system. Others may develop post-traumatic stress disorder, leading them to question, “Can I sue a hospital for emotional distress?”
Injuries or worsened conditions caused by ER negligence often require additional care to address the harm caused. Consequently, this translates into added medical bills for things such as longer hospital stays, additional surgeries, specialist consultations, and rehabilitation. Further, injuries caused by emergency room negligence may keep patients out of work longer, costing them income while they are off work.
The Decatur woman suffered a ruptured fallopian tube, requiring her to have emergency surgery. Sometimes physicians are able to just remove the pregnancy tissue; however, the woman’s OBGYN was not able to perform a tube-sparing procedure in this case. Her right fallopian tube was removed.
What Are Your Rights as a Patient in Chicago?
Emergency rooms in Chicago, and across the state, are obligated to give all patients timely and appropriate care, regardless of their backgrounds or ability to pay. Federal law prohibits turning patients away because of their insurance status, or due to their immigration status, race, religion, gender, or other such factors.
When seeking emergency care, patients also have a right to receive clear and understandable information about their conditions. They should be treated with courtesy, respect, and compassion by all medical staff, regardless of their situations. Understanding these and other patient rights can help people protect themselves.
Suing for Emergency Room Negligence in Illinois
Patients who suffer harm because of emergency room negligence may consider taking legal action. A medical malpractice lawyer can assess the circumstances of their cases, helping to determine if they have grounds for a claim.
When pursuing a case for medical malpractice due to ER negligence, patients should keep the statute of limitations in mind. With few exceptions, they have up to two years from the date of their injuries to initiate a civil lawsuit.
Proving Negligence
For a successful medical malpractice claim, patients must prove the ER and staff were negligent in their care. To this end, they must establish:
- The emergency department had a legal duty to provide them with an acceptable standard of care
- The staff failed to uphold this standard through their actions or inaction
- The staff’s breach of duty directly caused their injuries or worsened conditions
- They suffered damages because of the negligence
Proving these elements often requires strong evidence, including medical records, witness statements, and expert witness testimony.
Recovering Compensation for ER Negligence Injuries
Through a medical malpractice lawsuit, patients can seek to recover compensation for their associated economic and non-economic losses. Economic damages aim to cover losses such as the related medical costs, lost wages, and lost future wages. Non-economic damages include less tangible losses, like pain and suffering, and loss of enjoyment of life.
In Illinois, there is no limit on economic or non-economic damages in medical malpractice cases. Therefore, patients can seek to recover compensation for the full value of their losses. Suffering harm due to negligence on the part of emergency healthcare providers can be devastating – physically, emotionally, and financially. If you suffered injury or worsened condition due to substandard care at a Chicago, Illinois, hospital, contact us today.