Cobb County Emergency Room Malpractice Lawyer
A medical malpractice case is a type of civil action that occurs when a medical or healthcare professional deviates from the accepted standard of care, causing injury and damages to the patient. When this type of error occurs in an emergency room, the legal process differs from a standard malpractice claim.
If you received unacceptable medical treatment while in the ER, you should call a Cobb County emergency room malpractice lawyer right away. At Warshauer Woodward Atkins, our dedicated medical malpractice attorneys are prepared to guide you through your case. Get in touch with us today to get a qualified legal team on your side.
When is a Medical Provider’s Mistake Considered Malpractice?
Evidence of a simple mistake is generally not enough to constitute malpractice. In a typical case, the patient’s attorney must prove legal negligence. Lawyers must establish:
- The medical provider-patient relationship, which creates a legal duty of care;
- A breach of that duty;
- The breach caused the patient’s injuries; and
- Damages.
In emergency room malpractice cases, there are slightly different laws concerning the liability of medical providers.
How Do Emergency Room Cases Differ From Other Malpractice Claims?
In Georgia, emergency room healthcare providers have special protections because they regularly deal with crises, and the patient’s medical history is not always available. As a result, mistakes that might be considered negligence in an ordinary malpractice claim may not be enough to prove liability in an ER case.
O.C.G.A. § 51-1-29.5 grants tort immunity to emergency room care providers, meaning injured patients must provide clear and convincing evidence of gross negligence. Compared to the preponderance of evidence needed to prove liability in typical medical error cases, the clear and convincing evidence standard puts a much higher burden of proof on the ER patient. And, proving gross negligence is much more difficult than ordinary negligence.
Under this statute, gross negligence is defined as the absence of slight care or the lack of diligence that even a careless person might exercise. Patients who are unsure if their situation warrants an emergency room malpractice claim should seek help from an experienced lawyer.
Common Examples of Errors in the Emergency Department
Malpractice cases in emergency rooms often involve misdiagnosis. For example, a patient may come in with symptoms of a serious life-threatening condition that the medical providers ignore or mistake for signs of a less serious condition or disease. In other cases, the healthcare workers involved may have failed to run the appropriate test to diagnose a patient’s condition.
When a person’s condition is not diagnosed or treated correctly, he or she could suffer serious harm or even death after leaving the emergency department. There are many situations in which an ER patient might have a valid claim, so it is best to talk to an attorney about the case.
Who Can Be Considered Negligent in a Cobb County ER Case?
There are many medical providers present in emergency rooms, and any of them could be responsible for an error. Injured patients may file suit against any healthcare worker who demonstrated a gross deviation from the standard of care.
Whoever the at-fault party is, the injured patient must have a qualified expert to testify against him or her. For example, if the negligent person is a nurse, an attorney might contact an emergency room nurse expert or a doctor who has experience supervising emergency room nurses. Working with an emergency room malpractice attorney could provide injured patients with the resources they need to find a qualified expert.
Consider Hiring a Cobb County Emergency Room Malpractice Attorney
After you notice a medical mistake, you should seek medical treatment to return to a stable condition. Once you have taken steps to receive the appropriate care, it is encouraged that you contact a Cobb County emergency room malpractice lawyer. Our attorneys could advise you of your rights under the law and give you a better chance of succeeding in your case.
