Emergency rooms (ERs) are, by nature, chaotic environments. A single emergency room can see and treat hundreds of patients in a single day, meaning they must work like well-oiled machines for optimal patient outcomes. Every medical professional involved, from the nurses to the emergency surgeons, must obey strict standards of care for the health and safety of patients. A hospital or emergency room error of any kind could cause significant patient harm. If you or a loved one suffered due to errors or negligence at a Louisville emergency room–including stroke malpractice and misdiagnosis –contact Meinhart, Smith & Manning, PLLC to discuss the possibility of a medical malpractice lawsuit.
The main question that a medical malpractice claim will serve to answer is, “Was the defendant negligent in causing the plaintiff’s injuries?” To be eligible for financial compensation from an emergency room, hospital, or staff member in Kentucky, you must prove the defendant’s negligence, or breach of duty of care. The very definition of “medical malpractice” is when someone in the medical profession causes injury to a patient through an act of negligence or an omission. Not every ER-related injury will give the patient grounds for a lawsuit.
The following four elements must exist to prove medical negligence:
Unlike many states, Kentucky does not place a damage cap, or limit, on the amount of money a plaintiff can receive for non-economic damages in medical malpractice claims. This means there is no limit to the amount an injured patient could receive for damages such as physical pain or emotional suffering in a successful lawsuit against an emergency room. Help from an attorney is the best – and often only – way to get the most out of your claim. Our Louisville medical malpractice attorneys know exactly how to fight for maximum compensation for your losses.
While almost any type of negligence-related causing patient injury may be grounds for a medical malpractice suit, there are some forms of negligence that arise more than others. Communication errors, for example, are common in emergency rooms. If a medical professional doesn’t listen to a patient’s medical history, gets patients mixed up, misdiagnoses a health condition, fails to order the proper tests, or doesn’t communicate with other staff members in the ER, it could end in a lawsuit. The same is true if there are prescription drug errors, misinterpretation of test results, ignoring symptoms, delayed treatment, or “patient dumping” – releasing a patient without care for financial reasons.
With help from Meinhart, Smith & Manning, PLLC you can learn whether you have the right to bring a malpractice lawsuit against an individual healthcare professional and/or the hospital for ER wrongdoings. The hospital could be liable for the actions of ER workers if they are employees of the facility. Our Louisville personal injury team can investigate your injuries and tell you if your case has merit. Schedule a free case evaluation to get started.