If you or someone you care about suffered because of poor care or treatment in a hospital emergency room, you are likely upset and looking for a resolution. You might not be able to undo the damage that's already been done, but there are other ways to make yourself feel whole again, and that could include filing a malpractice lawsuit. Proving malpractice in an emergency room won't be easy though, so you'll want to stay focused and make sure you have the evidence to prove your case. Here are some tips to keep in mind.
Hire an Attorney
Hospitals know that malpractice lawsuits are going to happen from time to time, and that's why every hospital likely already has a team of well-paid lawyers ready to defend them at a moment's notice. When you go after a hospital for emergency room malpractice, you need to make sure you are on even footing from a legal standpoint or it's possible you are going to feel outnumbered and overwhelmed. Take a look at local ER malpractice lawyers, and you may be able to find someone who can help you stand your ground as you pursue this case.
Hospitals Are Given Benefit of the Doubt in ER Malpractice Cases
The next thing you need to understand about an ER malpractice case is that a court or jury might not hold the hospital fully accountable for everything that happens in the emergency room because the ER is a chaotic place. In other words, doctors might not spend a long time reviewing previous medical records or standing around asking questions because they need to provide help immediately and then move on to the next patient. You can still prove that a doctor in the ER acted carelessly or recklessly, but you may need additional evidence to cement your case because of the nature of the ER.
Expert Witnesses Can Help
One of the things your ER malpractice lawyer can do for you is put you in touch with an expert witness who may be able to provide the court with an overview of what the proper standard of care in the ER is supposed to be. An ER doctor might not have time to conduct a full battery of tests, but certain procedures might still require at least some tests before treatment or surgery can begin. If the doctor failed to conduct any tests at all, your expert witness would be able to point out that is possibly negligence on the part of that doctor.
Contact an ER malpractice attorney for more information.