Going to the emergency room is never an enjoyable experience. However, you still should be able to trust that you will receive services that comply with the standard of care from every doctor who works in one. Fortunately, most physicians who help patients in Maryland ERs meet this basic “standard of care” without any issue. Unfortunately, that just makes the harm caused by the few who do not even more egregious, not to mention potentially life-altering or even life-threatening.
When you suffer serious physical harm because you received substandard care from someone working in an ER, you may have grounds for legal action, which a Rockville emergency room error lawyer can help you effectively pursue. No matter what injuries you are dealing with or what losses you need to recover from, your dedicated medical malpractice attorney can fight diligently to get you every cent of restitution you need.
What Is the “Standard of Care” for ER Doctors?
One key thing to understand about emergency room error lawsuits, and medical malpractice litigation in general, is that doctors are not always legally liable for poor patient outcomes. Instead, patients generally only have standing to file suit over malpractice if they suffer harm specifically because their doctor breached an applicable “standard of care.”
The “standard of care” for a doctor is whatever another equally qualified and experienced physician would be expected to do under the same circumstances. Importantly, this gives doctors working in high-stress environments some leeway to make minor mistakes, based on the assumption that any qualified doctor working under similarly stressful situations might make the same error. Behaviors that are so reckless or careless that they may breach this standard of care regardless of working conditions include:
- Unreasonably long delay in diagnosis or treatment
- Failure to consistently monitor a patient’s vitals
- Prescribing the wrong type or dosage of medication
- Performing tests incorrectly or misinterpreting test results
- Incorrectly performing an operation or operating on the wrong body part
A Rockville emergency room error attorney can clarify whether a specific scenario might give rise to a claim during a free case evaluation.
Getting Expert Assistance With an ER Error Claim
In addition to skilled legal counsel, it is also important to have help from qualified medical experts during an ER error lawsuit. Maryland Code, Courts, and Judicial Proceedings § 3-2A-04 expressly prohibits injured patients from suing their doctors unless they submit a “certificate of qualified expert” no later than 90 days after filing their initial complaint.
This certificate must be a written and signed statement made under oath by a licensed physician with experience and knowledge relevant to the case. Most importantly, though, it must affirm that physician’s good-faith belief that a legally actionable breach of the standard of care occurred and that the breach in question was the main and direct cause of the plaintiff’s injuries. Once again, connecting with and getting help from qualified experts is something an ER error lawyer in Rockville can provide irreplaceable assistance with.
Consider Working With a Rockville Emergency Room Error Attorney
Emergency rooms are stressful places to be under any circumstances, especially if you are seeking treatment for a life-threatening injury or illness. However, all the stress in the world does not excuse doctors who harm their patients by acting irresponsibly, nor does it prevent those patients from holding their physicians financially accountable for their actions.
Get help with your unique civil claim from an experienced and compassionate Rockville emergency room error lawyer. Call Price Benowitz today to learn more.
