According to the CDC, more than 136 million people visit emergency departments in the United States each year. Most of these visits are for urgent health problems; 45 million of them are related to injuries.
Emergency rooms can be overcrowded, delays can occur, complications can arise, and mistakes can be made. The number of patients sent home from emergency rooms in the United States each year who have to return within 72 hours because of medical errors has been estimated at between 600,000 to one million.
It is critical for attorneys to understand the potential theories of liability and defenses, and for physicians, insurers, and employers to be aware of their exposure to liability and what strategies to employ in emergency medical care situations.
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Attorneys:
Counsel must develop a list of facts and circumstances, specific to the client’s fact situation, which demonstrates proof of liability in emergency medical circumstances.
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Physicians:
The other parties to the litigation will scrutinize the treating physician, medical experts, diagnosis, and treatment provided. The following should be evaluated, and strategies to defend against any perceived improper diagnosis or treatment should be considered and prepared
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Insurers:
When investigating a claim of malpractice in emergency medical treatment, the insurer should carefully evaluate the actions of the health provider and hospital. The insurer should look for the following “red flags” and consider how they impact the insurance coverage and liability for payouts.
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Employers:
In the case of a hospital that could be considered the employer of an emergency room physician, nurse, or other healthcare provider, the hospital should be concerned with possible respondeat superior liability for injury from errors in emergency treatment.
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