Augusta Emergency Room Errors Lawyer
The high level of pressure to provide emergency services to people also places a lot of strain on emergency room doctors and their support staff. These professionals must be able to quickly diagnose a problem, prescribe a solution, and put that solution into effect.
Sadly, errors in an emergency room are all too common. A doctor who fails to accurately diagnose a condition, who does not refer a patient to a more qualified specialist, or who releases a patient before they are stable may commit malpractice. While hospitals may not be held accountable for a physician who is an independent contractor’s actions, a victim may still bring a claim against the doctor and his employer, and/or other healthcare providers who are employed by the hospital. An Augusta emergency room errors lawyer could help you if you believe that a doctor or other healthcare provider’s malpractice has resulted in your worsening health.
The Obligations of Medical Professionals
Every medical professional in Augusta and around the state must obtain a license to practice medicine. In addition, professionals must take steps to keep their skills sharp and to remain apprised of all advances in their particular field. Emergency room doctors are no exception to this rule.
In fact, state law requires all medical professionals to act with a “reasonable level of skill and care” under O.C.G.A. §51-1-27. Medical malpractice is, by definition, a failure to uphold this standard. Proving that an irresponsible medical provider failed in this duty is often complex. People without a medical education may find it difficult to comprehend medical records, much less to interpret those records to identify malpractice.
As a result, any medical malpractice claim must rely on the opinion and testimony of an expert witness. According to O.C.G.A. §9-11-9.1, this expert must be a doctor qualified in the area of alleged malpractice. It follows that an expert in an emergency room malpractice case in most cases must also be practicing in an emergency room or teaching emergency room medicine. These experts would evaluate the care of the negligent doctor to determine whether it fell below the acceptable standard provided by state law. A client-centered Augusta emergency room errors lawyer could help victims understand what they need to prove in court and connect them with an in-house doctor who could help analyze and present their case.
When Does Poor Care Become Malpractice?
Not every example of a negative result while under the care of a doctor is malpractice. Medicine is an inexact science, especially for physicians working in an emergency capacity. Still, there are some instances of poor care that are likely examples of medical malpractice in an emergency room. Importantly, in Georgia malpractice that occurs in an emergency room has a higher burden of proof – victims must show by clear and convincing evidence that there was gross negligence in order to recover.
Perhaps the most common of these are failures to accurately diagnose a problem. If a patient visits an emergency room complaining of chest pains, it is likely that a doctor should order a chest x-ray and an EKG to check for signs of a heart attack. Even if the problem is not related to the patient’s heart, these preventative measures are a vital part of making a diagnosis.
Doctors may also be liable if they poorly perform a procedure. Many patients in emergency rooms have broken bones. It is the duty of the attending doctor to properly set that bone, apply an appropriate cast, and to provide instructions for home care. Failures to perform these tasks could result in permanent bone or joint damage.
In short, it is the duty of an emergency room doctor to stabilize a patient. This may involve placing them into a position where that patient can return home, referring the patient for follow up care with a specialist, or admitting the patient to the hospital for surgery or in-house treatment. An Augusta emergency room errors lawyer could help to evaluate the actions of irresponsible doctors to determine if malpractice has occurred.
If a case is determined to have validity in court, victims may be entitled to compensation for their losses. Monetary awards may be awarded by a jury for economic and non-economic losses. Fortunately for victims, there is no limit to the non-economic damages.
An Augusta Emergency Room Errors Lawyer Could Help After an ER Error
Some of the most debilitating injuries that you may have to endure in your life are those that result from negligent medical care. Even the most routine visits to emergency rooms could result in catastrophic injuries if a doctor or nurse failed to provide an accurate diagnosis or botch a routine procedure. While not every negative result in an ER is malpractice, a failure to follow proper medical protocols creates legal liability.
An Augusta emergency room errors lawyer could help you if you believe that a doctor or nurse’s error while visiting an Augusta emergency room resulted in an injury. Attorneys that place the needs of the client first could take the appropriate steps to gather medical records, hire a qualified expert witness to present your case, and promote your demands in settlement negotiations and court with cutting-edge technology. Contact an Augusta emergency room errors lawyer today for a free case evaluation. Attorneys are willing to take calls after hours and speak directly with victims of negligence.
