Ohio Emergency Room Error Lawyers

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Emergency Room Errors in Ohio

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Emergency rooms handle traumatic injuries at all hours of the day. The ER’s often hectic, high-pressure, and potentially overcrowded nature increases the risk of potential errors. Sadly, for the people who put their trust in emergency room doctors, nurses, and other members of staff, those mistakes can lead to devastating and potentially life-threatening consequences. At Crandall & Pera Law, our Ohio emergency room error attorneys know what it takes to pursue claims in these complex cases.

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Common emergency room errors in Ohio

The conditions a person may present with when they visit an emergency room are nearly endless. However, some common categories of errors often impact patients seeking emergency medical attention.

Misdiagnosis of conditions or injuries

According to official statistics, 5.7% of emergency room visits result in a misdiagnosis. Considering that there are around 130 million ER visits annually, this means that there are around 7.4 million people who receive a misdiagnosis each year. While some commonly misdiagnosed conditions may not lead to severe harm, others have potentially life-altering consequences. A few conditions that providers often misdiagnose include:

  • Stroke: This condition is often confused with something far less severe, such as a migraine. Unfortunately, the more time that passes without treatment, the worse permanent damage the stroke will cause.
  • Spinal cord injuries: Injuries to the spine can cause life-long complications like paralysis. When a physician misses a spinal cord injury, delaying treatment, the chances of more serious impacts increase.
  • Myocardial infarction: Misdiagnosis of a myocardial infarction (MI) may involve diagnosing a patient with MI with another condition, leading to delayed treatment, which increases the risk of fatal results. Alternatively, patients with other conditions may be wrongly diagnosed with MI, leading to treatments that can be harmful to those without the condition.
  • Venous thromboembolism: Some conditions, including muscle injuries, cellulitis (bacterial infections), and inflammation of the veins, can all mimic venous thromboembolism. The results for a patient can be delayed treatment of a potentially deadly condition.
  • Aortic aneurysm/dissection: This severe heart condition requires emergency surgery. Sadly, some studies have shown that most first contact with a physician results in misdiagnosis, leading to a delay in life-saving surgical procedures.

In these cases and many others, the high-pressure environment of the ER may cause physicians to overlook critical information or fail to order necessary tests. The high rate of misdiagnosis highlights the importance of listening to patients and ordering tests whenever a person could have a potentially serious condition. Choosing not to perform those tests or disregarding a patient’s symptoms may be a form of serious medical negligence.

Improper performance of procedures

ER staff must handle a wide variety of medical situations, many of which may require emergency surgery or other procedures. Medical intervention comes with risks, especially if the provider fails to offer the proper standard of care. Some medical errors involving improper procedures include:

  • Wrong-site surgery (WSS): WSS encompasses several frightening scenarios, including surgery to the wrong side or site of the patient’s body, performing a wrong surgical procedure, and performing surgery on the wrong patient.
  • Incorrectly administered stitches: Sutures are a common ER treatment, whether they are part of another procedure or a way to close a wound. Using the wrong type of suture or administering stitches without proper sterilization can lead to complications.
  • Surgery errors: Surgical errors may include leaving a foreign object in the patient, accidental cuts or nerve damage, or even the improper administration of anesthesia.

Improperly performed procedures can cause patients even more problems. When this happens, it is important that the patient and their family get the help and legal representation they need.

Delayed treatment

The busy, crowded, sometimes understaffed, and potentially chaotic nature of emergency rooms may lead to patients experiencing treatment delays. For some, these delays can have severe consequences. Studies show that women, children under five, and those with non-trauma-related conditions face more delays and related complications.

Another potential reason patients wait too long for treatment is a perception that the injury is not too severe. This assumption sometimes means that a person’s condition worsens, denying them necessary medical intervention. Hospital staff should be trained to recognize cases that require emergency care and prioritize treatment for those in need of immediate attention.

Medication errors

The Academy of Managed Care Pharmacy states that medication errors are some of the most common medical mistakes. Around 1.5 million people sustain injuries because of this mistake every year. Treatment for drug-related injuries in hospitals costs at least $3.5 billion annually. In the ER, medication errors can involve:

  • Administering the wrong drug: Giving a patient the wrong medication can make matters far worse. For instance, a drug that the patient is known to be allergic to or that interacts with another prescription they are taking can cause severe harm. Other times, the wrong medication may exacerbate their condition.
  • Failing to provide any medication: If a patient requires medication, like antibiotics, for a serious infection, failing to provide that medication can worsen the condition.
  • Prescribing incorrect dosages: A patient who receives too little medication might not benefit from the prescription, but a patient given an overdose can suffer severe consequences. Whether the physician prescribed the wrong amount or the pharmacist or nurse provided an improper dose, giving a patient a harmful amount of a drug can be a form of medical malpractice.

Some of these result from illegible handwriting or communication breakdown. However, medical providers should be careful to check whether they have the medications correct for each patient.

Improper discharge

There might be pressure to free up space in a busy, chaotic ER environment. However, discharging patients too soon or without proper care creates severe risks. Improper discharge may occur if providers:

  • Send patients home without treating them
  • Discharge patients without adequate information for follow-up treatment or signs to look out for that indicate they need to return
  • Misdiagnose a patient with something minor and send them home where they are not receiving treatment or being observed

Improper discharge may cause a patient to suffer worse harm. The patient may feel like they are overreacting and feel discouraged from seeking care again, even if they might have a serious condition that is only getting worse.

Testing errors and lab mistakes

Many conditions are not easy to diagnose without proper tests. Whether the test is blood work, X-rays, a CT scan, or another diagnostic exam, accurate testing is critical in the ER. However, there are errors that can occur, including:

  • Administration of the wrong type of tests
  • Miscommunication of test results, either among providers or to the patient
  • Insufficient testing when a patient presents with symptoms of a potentially serious condition
  • Misinterpretation of results, including misreading something like a radiology report

The results of these tests are vital for physicians making decisions about how to treat patients. Incomplete or incorrect results can prevent a provider from making an informed decision about the patient’s care.

Removal due to lack of insurance or finances

Failure to provide emergency treatment to a patient for financial reasons is against the law. Under the Emergency Medical Treatment and Labor Act (EMTALA), refusing to treat anyone with an emergency medical condition is illegal, regardless of their ability to pay. Not only are there fines for violating the EMTALA, but If a patient’s condition worsens because of the lack of care, they might have grounds for a malpractice claim.

Failure to Follow Up

Follow-up treatment might be critical for some patients. If an ER doctor fails to provide necessary follow-up care, resulting in significant harm, this may be considered medical malpractice.

While some of the burden of following up is on the patient, certain behaviors might be a sign of malpractice, including:

  • Not communicating effectively with a patient about their condition and need for additional care
  • Neglecting to make follow-up appointments, referrals or schedule tests
  • Providing inadequate treatment and medication instructions

There are other ways an emergency room provider may be negligent in their care for their patients. In any case of medical negligence, it is extremely important to speak to an experienced medical malpractice lawyer.

Related: Common Emergency Room and Medical Facility Errors

What can patients do if they believe an ER error caused them injuries?

Suffering injuries at the hands of the people you trust to provide care when you are at your most vulnerable is a devastating experience. At Crandall & Pera Law, we represent those who have suffered from negligence at the hands of a medical provider, including an emergency room physician, hospital, and more. You have the right to pursue compensation for your injuries or the harm caused to a loved one by a negligent doctor or other healthcare provider.

While not every mistake is malpractice, an attorney can help you understand whether your provider failed to meet the appropriate standard of care. In medical negligence claims, providers must meet the standard of a reasonably competent medical provider in the medical community.

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Who may be liable for emergency room errors in Ohio?

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The facts will be different in every case, but there are some individuals and entities that might be at fault for your ER-related injuries, including:

  • The medical facility or hospital you visited
  • The doctor who treated you at the ER
  • An attending nurse or other medical staff
  • The individuals handling your paperwork
  • The person or persons who were responsible for interpreting diagnostic tests

In many cases, more than one party may share in the liability for a medical error. For patients who sustained injuries at the hands of medical providers, the path forward can be confusing, but it is not one you must travel alone.

How an Ohio emergency room error attorney can help

You might feel overwhelmed after experiencing an injury or harm because of medical negligence in an emergency room. The potential financial strain of the medical costs and potentially lost income if you are unable to work can make you feel desperate to resolve your claim as quickly as possible. However, you should speak to someone before taking any steps to negotiate or settle with an insurance provider.

Your emergency room malpractice attorney can help you by drafting letters to your providers promising them payment once you resolve your claim. Also, your lawyer can negotiate with the insurance company to try to reach a more favorable settlement. At Crandall & Pera Law, our extensive experience handling medical malpractice claims helps us understand the true value of your claim. If the insurer is not offering a fair settlement, we can take your case to court.

If you or a family member has experienced injuries because of medical malpractice in an emergency room, contact Crandall & Pera Law to schedule a free consultation with one of our compassionate, experienced medical malpractice lawyers. We have multiple offices conveniently located in ClevelandChagrin FallsChesterlandCincinnati and other areas in Ohio and northern Kentucky.