A 62-year-old gentleman, with a long history of diabetes, presented himself to an emergency room complaining of an infection in his foot. The wound was not managed properly resulting in the amputation of his leg above the knee.
General Medical Malpractice Information
Examples Of Emergency Room Negligence And Wrongdoing
The emergency room can be a chaotic place. Patients arrive who have been injured after a car accident, or suffering from a pulmonary embolism, or severe brain injury. As such, emergency room doctors and staff may be rushed to diagnose their patients. Medical records may be overlooked, labs may not be taken, proper imaging may not be performed, or was incorrectly read. These examples of wrongdoing in the ER by one or more healthcare providers may constitute medical negligence which may results in malpractice lawsuits. Here are ten examples of emergency room negligence that may result in malpractice lawsuits:
Misdiagnosis
ER doctors may fail to correctly diagnose a patient’s condition, leading to delayed treatment or mismanagement of the patient’s care. If the doctors misdiagnose a patient with a serious illness or injury, the outcome could be deadly.
Failure to diagnose
A doctor may fail to diagnose a serious condition altogether, leading to delayed treatment or a potentially fatal outcome.
Delayed treatment
An emergency department doctor may fail to provide timely treatment. The patient’s condition may worsen or become life-threatening.
Medication errors
A medical malpractice case could be brought if the doctor made an error in prescribing or administering medication. This may lead to harm or even the wrongful death of a patient.
Surgical errors
Surgeons do make mistakes during emergency surgeries or procedures. This occurs more frequently than you know. As a result of the surgical mistake patients may be severely harmed or in extreme cases, can lead to the death of the patient.
Failure to order tests or failure to order the correct tests
The emergency department may fail to order necessary tests, leading to delayed diagnosis or treatment. In other cases, ER physicians may order the wrong test, thus delaying the diagnosis or misdiagnosing the patient. This delay may cause a worsening of symptoms resulting in more treatment and possibly invasive procedures that may not have been required had the correct tests been performed. In some cases, the failure to order tests or order the correct tests in a timely manner can be fatal.
Lack of communication
Doctors may fail to communicate effectively with other medical professionals involved in the patient’s care. A patient’s primary ER doctor may have important information that is not relayed to the ER staff such as allergies, current medication contraindications, treatment of an exiting illness unrelated to the ER visit, and more. Poor communication can lead to serious mistakes and issues that should never have occurred had the information been properly communicated.
Inadequate staffing
When emergency rooms are understaffed, it may result in inadequate care, poor pain management, delayed treatment, and mistakes. It is inexcusable for hospitals to be understaffed. As a medical malpractice lawyer, I fight to hold hospitals accountable.
Inadequate training
Doctors or staff who are inadequately trained may make mistakes. This is inexcusable, and the mismanagement of a patient’s care may lead to medical malpractice claims.
Failure to follow up
Emergency room doctors and staff may fail to follow up with patients after they have been discharged. Proper follow up is essential to ensure continuity of care with their primary doctor.
Ohio Statute Of Limitations
In Ohio, the statute of limitations for medical malpractice cases is generally one year from the date of the injury or discovery of the injury, whichever comes first. This means that a medical malpractice lawsuit must be filed within one year of the injury or discovery of the injury, or the right to file a lawsuit may be lost. If you believe medical negligence caused your injury, pain, suffering , or loss of income, give me a call today and I’ll Make Them Pay!®
Possible Exceptions To The Statute Of Limitations In Ohio
There are some exceptions to the one-year statute of limitations. For example, if the injured party is a minor, the statute of limitations may be extended until the minor turns 18 years old. Additionally, if the medical professional engaged in fraud, concealment, or misrepresentation that prevented the injured party from discovering the injury, the statute of limitations may be extended.
Formula For Calculating A Medical Malpractice Settlement
There is no set formula for calculating a medical malpractice settlement, as each case is unique. The settlement amount will depend on a variety of factors. However, there are several factors that may be considered when determining the a medical malpractice settlement, including:
The severity of the injury
The more severe the injury, the higher the potential settlement amount. If you suffered brain damage or neurological damage, maximum compensation may be different than if you suffered complications resulting from surgery on your leg.
The cost of medical treatment
The cost of past and future medical treatment related to the injury will be considered in determining the settlement amount. If you suffered permanent brain damage because of the doctor’s negligence, you will likely need life-long medical care. This care should be properly compensated.
Lost income and earning potential
The amount of lost income and potential lost earning capacity will be considered in determining the settlement amount. The longer you spend in the hospital, the more work you will miss, the less your will earn. This should be properly compensated.
Pain and suffering
The physical pain, emotional distress, and psychological suffering caused from the injury will be considered in determining the settlement amount.
The degree of fault
If the medical professional was highly negligent or reckless, the potential settlement amount may be higher. Physicians must operate and treat patients with the utmost care. Being reckless when patient’s lives are at stake is inexcusable.
The strength of the evidence
The strength of the evidence supporting the malpractice claim will be considered in determining the settlement amount.
Doctor’s Approval Of A Medical Malpractice Settlement
In some states, including Ohio, a medical malpractice settlement must be approved by a judge. But, it may also require approval by the doctor or healthcare provider involved in the case.
In Ohio, before a medical malpractice settlement can be finalized, the doctor must be given the opportunity to review and approve the terms of the settlement. This is because the healthcare provider’s insurance company may be responsible for paying a portion of the settlement amount. The provider has the right to approve or reject the terms of the settlement.
The approval is typically required to ensure that the settlement is fair and reasonable, and to ensure that the reputation of the hospital is not unfairly damaged by the settlement. They may also require certain provisions in the settlement, such as confidentiality clauses or language that releases the provider from future liability.
It is important to note that even if the settlement is not approved, the injured party may still be able to pursue legal action and potentially recover damages through a lawsuit.
Overall, the approval process for a medical malpractice settlement can be complex.
Medical malpractice compensation is critically important for the injured patient. It’s important to compensate for past medical expenses and missed work. It is also important to properly compensate for future medical expenses, and for complications that may prohibit them from working. for a lengthy period of time But, it’s not only for the benefit of the injured patient. It’s important that healthcare systems always hire highly trained physicians, nurses and any other personnel that have direct contact with patients. If you or a loved one was injured in an emergency room, call me as soon as possible to discuss your claim, and I’ll Make Them Pay!®
