Injuries and deaths from acts of medical negligence are increasingly common in New York State and around the nation. While some types of malpractice, such as a failure to obtain informed consent, can occur in many different types of health care settings, there are some types of cases that are more likely to occur in a certain situation, such as during treatment in an emergency room. Rockland County medical malpractice attorney Valerie J. Crown can help you explore your legal options following an injury or death caused by an emergency room error. She makes herself available 24/7 to respond to the questions and concerns of her clients, and she offers the personalized attention that clients cannot find at a larger firm.
One of the most common types of emergency room errors is a misdiagnosis. A misdiagnosis can occur when a doctor or other health care provider issues the wrong diagnosis for the patient’s condition, such as mistaking a heart attack for acid reflux, or it can happen when a doctor completely misses a diagnosis. For example, a doctor in the emergency room might send the patient home, telling them that they do not have any medical issues that need to be addressed, when in fact the patient has a life-threatening illness. In other cases, emergency room staff may fail to recognize complications that could significantly change or aggravate a medical condition from which the plaintiff already suffers.
Proving Liability Following an Emergency Room Error in New YorkMedical malpractice cases are essentially negligence cases, but they differ from more standard negligence cases in that they usually require expert testimony as to the standard of care and the defendant’s alleged deviation from it. First, the plaintiff’s attorney in a malpractice action must establish that a provider-patient relationship existed between the plaintiff and the defendant. Additionally, they must be able to prove that a certain standard of professional care existed and that the defendant breached his or her duty of care. The patient’s lawyer must also prove that the patient suffered actual damages as a proximate result of the defendant’s deviation from the standard of care. Each of these elements must be proven by a preponderance of the evidence.
The element of causation can be difficult to prove in some medical negligence cases because the doctor, nurse, or other medical professional may admit that a mistake was made but insist that the emergency room error about which the plaintiff complains was not the proximate cause of the harm suffered by the plaintiff. For example, if an emergency room doctor fails to make a correct diagnosis, and the patient later dies, the doctor may attempt to convince the jury that the patient was going to die regardless of whether the mistake was made, due to the seriousness of his or her medical condition. Many medical malpractice cases come down to a “battle of the experts,” with each side presenting their side of the case to the jury and the jury being given the task of deciding which expert is more convincing. Hiring an experienced attorney who is able to retain an appropriate expert witness to review the medical records and testify at trial is thus extremely important.
Seek Advice from a Rockland County Lawyer Following an Incident of Medical NegligenceAt the Law Firm of Valerie J. Crown, Attorney at Law, P.C., we handle many types of medical malpractice cases, ranging from emergency room errors to surgical errors and anesthesia errors. To schedule a free appointment, call us at 845.708.5900, call Valerie’s cell phone at 845.598.8253, or contact us online. We represent people throughout Greater New York, including in Rockland, Westchester, and Orange Counties, working hard to get full compensation for the medical expenses, lost earnings, and pain and suffering that our clients have endured. Since the statute of limitations and statute of repose limit the time that a patient has to file a claim, you should promptly talk to an attorney about your case if you believe that you or a family member has been hurt by an emergency room error.