Patients in an emergency room are at the mercy of medical care providers. It follows that it is easy to assume a doctor’s abilities to properly diagnose and care for their patients, but this is not always the case. Some emergency room staff members act negligently, which can lead to severe injuries.

If you have been the victim of a physician’s negligence and are worse off because of it, call an experienced medical malpractice attorney today. A skilled Florida emergency room error lawyer could help you investigate your doctor’s actions and build a case based on relevant laws.

What is a Differential Diagnosis?

An emergency room setting is different from other medical settings in that a physician can create what is called a differential diagnosis. This type of diagnostic technique involves compiling a list of potential conditions that could be giving a patient their symptoms and working down that list from the worst possible diagnosis, which allows doctors to narrow down the origin of someone’s ailments. A physician would need to perform certain types of diagnostic tests and assessments to determine whether their patient has the condition at the top of the list and subsequently work their way down.

Types of ER Malpractice

Medical malpractice may occur in an emergency room setting is if someone’s diagnostic studies are misread by a radiologist, for example. This type of malpractice can result in a patient not receiving the appropriate treatment for whatever illness they actually have. Another example is a doctor who may see an emergency situation as something less serious and transfer a patient to a floor that is ill-equipped to help them. These kinds of circumstances can leave a person with declining health and worsening symptoms. Individuals who believe they are a victim to negligence in an emergency room should consult with an emergency room error lawyer in Florida.

Establishing Liability in an Emergency Room Error Claim

If a person was a victim of medical malpractice in an emergency room, their doctor would not be immune just because it was an emergency. Florida’s Good Samaritan Law states that doctors are essentially immune from any medical negligence in the treatment of emergency room patients, but there is an exception to this. If a medical care provider does not adhere to the standard of care which they owe patients and acts with reckless disregard, their patient could be entitled to sue if injuries are sustained or worsen as a result. Additionally, such circumstances could lead a jury to award punitive damages to an injured claimant, which are intended to punish particularly egregious acts and deter future misconduct. A qualified emergency room malpractice lawyer in Florida could help injured patients determine their medical care providers’ liability in cases of negligence.

Filing a Claim Against a Nurse

A person can file for medical malpractice against a nurse in addition to a doctor. Some nurses have their own insurance policies, while others may be affiliated with staffing companies. Bringing a claim against a nurse is not any different from suing a doctor. Although it should be noted that individuals can not directly sue nurses who work for government entities.

Contact a Florida Emergency Room Error Attorney Today

If you were harmed by your medical care provider’s negligence or reckless behavior while you were visiting their emergency room, you may be entitled to compensation for your losses. You should consider retaining a Florida emergency room error lawyer who can help you gather evidence to establish your claim. Do not face litigation alone, call today and make an appointment to get started.

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Domnick Cunningham & Whalen

Domnick Cunningham & Whalen

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2401 PGA BOULEVARD SUITE 140
PALM BEACH GARDENS
FL 33410
Phone: (561) 625-6260