Can I Sue a Hospital or ER if I Was Injured?

May 18, 2023

Going to the emergency room for any reason can be a frightening experience, particularly if you are suffering from a severe and life-threatening injury or illness. However, the last thing you should expect to happen is to become injured while you are being treated in the emergency room. While health care providers are human and capable of making honest mistakes, a hospital may be held liable for your injuries if negligence is involved. Often, medical malpractice cases name a specific health care provider. Still, bringing a lawsuit against a provider or hospital for medical malpractice in the emergency room is possible.

What Are Common Examples of Emergency Room Malpractice?

Emergency rooms are often extremely busy, overcrowded, and fast-paced, with nurses, doctors, and other hospital staff attending to patients’ medical needs. Unfortunately, there are instances where something goes wrong because the health care provider made a mistake. While not all mistakes are considered negligent, the following are examples of errors or wrongful treatment that could warrant a medical malpractice lawsuit against a hospital emergency room:

• Issues related to informed consent: In most cases, medical professionals must receive informed consent from patients before proceeding with treatment recommendations. However, in the emergency room, patients may be unable to provide informed consent, or a family member is not always present to consent. While emergency room staff are not required to obtain informed consent, they can still be held liable for any injuries they have caused.
• Misdiagnosis in the emergency room: This is one of the most common causes of patient injuries in the emergency room. Misdiagnosis often occurs when staff do not take the time to discuss symptoms, check vital signs, or look closely at X-rays or other test results because they are under pressure to treat patients immediately. A misdiagnosis can cause injuries even more severe than the issue that brought the patient into the emergency room. The following are examples of common misdiagnosis injuries:
  • Aneurysm
  • Appendicitis
  • Heart attack
  • Internal bleeding
  • Stroke
• Infection acquired while in the hospital: While this can be unavoidable if the patient’s immune system is already compromised, the hospital may be liable if the necessary cleaning and sterilization protocols are not followed or the level of care causes the infection. A hospital-acquired infection can be severe. In extreme cases, the patient can go into shock and die.
• Hospital liability: If a patient suffered an injury or health complication due to the hospital’s poor record keeping or procedural negligence, they may be able to file a medical malpractice lawsuit against the hospital.

Filing a Medical Malpractice Lawsuit Against a Hospital

Medical malpractice lawsuits can be complicated. It is essential that you have a dedicated medical malpractice on your side who will protect your rights and address the following issues:

• Value of your case: A range of factors will impact your claim, including the severity of the injury, the amount of your medical bills, and your prognosis. A dedicated medical malpractice lawyer will pursue the maximum compensation you deserve.
• How long it will take to settle your case: Every case is different, but it can take time to gather evidence, hire a medical expert, and develop a legal strategy to hold the hospital liable and secure a successful settlement outcome.
• Payment: Most medical malpractice lawyers do not charge fees until they have negotiated a successful settlement for their client.

Baltimore Medical Malpractice Lawyers at LeViness, Tolzman & Hamilton Represent Victims of Emergency Room Malpractice

If you were injured while being treated in the emergency room, contact our Baltimore medical malpractice lawyers at LeViness, Tolzman & Hamilton as soon as possible. We will assist you with the claims process and protect your legal rights. To schedule a free consultation, call us today at 800-547-4LAW (4529) or contact us online.

We have offices in Baltimore, Glen Burnie, Lanham, and Owings Mills, allowing us to represent clients in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.