Last Updated: August 12, 2024
Millions of people visit emergency rooms each year for treatment. We depend on emergency rooms to provide urgent care. However, emergency room errors cause severe injuries and deaths. A study found that out of 130 million people who visited an emergency room, 7.4 million patients were misdiagnosed. Of those patients, 2.6 million people suffered adverse results from emergency room errors. Hundreds of thousands of patients suffered serious harm.
If you were injured because of emergency room errors, you could be entitled to compensation for your injuries. Call our New Jersey medical malpractice attorneys to discuss your legal rights.
Common Types of Emergency Room Errors in New Jersey
Diagnostic errors are common in emergency departments. However, staff members also make other mistakes. Common emergency room errors include:
- Failing to review a patient’s medical history
- Medication errors
- Failure to diagnosis and misdiagnosis
- Documentation errors
- Premature discharge of patients
- Failing to order diagnostic tests
- Misinterpreting test results
- Delayed medical treatment
- Performing unnecessary procedures
- Failing to consider patient-reported symptoms and other relevant information
- Errors while performing medical procedures
- Failing to obtain informed consent
Emergency room errors happen for many reasons. Poorly trained staff members, inexperience, fatigue, understaffing, and failure to adhere to medical standards are some reasons for emergency room errors. General negligence, working under the influence of alcohol and/or drugs, and intentional acts are other causes.
Legal Actions for Emergency Room Errors in New Jersey
You may have a medical malpractice or negligence claim if you sustain injuries or harm because of emergency room errors. More than one party could be liable, including physicians, nurses, the hospital, and lab technicians. When you sue a party for damages, you must prove liability.
Proving liability for emergency room errors requires you to have sufficient evidence to establish:
- The medical provider owed you a legal duty of care
- The provider breached the duty of care by failing to meet the accepted medical standard of care for your situation
- The emergency room error was the direct and proximate cause of your injuries
- You incurred damages because of the lack of adequate care
The standard of care varies depending on the circumstances. A medical expert is required to determine the medical standard of care for your situation. Experts also provide testimony explaining how your medical provider failed to meet the standard of care and how the emergency room errors caused your injuries.
What Damages Can I Receive for a Claim for Emergency Room Errors in New Jersey?
You can recover economic damages for harm caused by emergency room errors. These financial damages include:
- The cost of past and future medical treatment
- Out-of-pocket expenses
- Household services and personal care
- Lost wages and benefits
- Rehabilitative therapies
- Future loss of earnings and reduction in earning capacity
You can also recover compensation for non-economic damages caused by emergency room errors. Those damages include:
- Disabilities and impairments
- Mental anguish
- Loss of enjoyment of life
- Emotional distress
- Diminished quality of life
- Pain and suffering
- Scarring and disfigurement
The value of your injury claim depends on the injuries you sustained, your monetary losses, and other factors. Our New Jersey emergency room error lawyers work to maximize the value of your damages to obtain the best possible settlement or verdict for your injury claim.
Get More Information During a Consultation With a New Jersey Personal Injury Attorney
Were you injured because of an emergency room error? Call us to speak with an experienced New Jersey personal injury attorney. We will help you explore your legal options for receiving compensation for your injuries, suffering, and financial losses.
Your time to file a claim for injuries caused by emergency room errors is limited by New Jersey’s statute of limitations. Therefore, we encourage you to call us today to avoid missing your chance to sue the medical providers who caused you harm.