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New York City Emergency Room Malpractice Attorney

A trip to the emergency room is often fraught with anxiety. In many instances, the patient is suffering from a serious injury, pain, illness or a serious condition. While the intentions of the ER staff are good, in some cases medical professionals can make errors due to negligence and lack of responsibility. If you were a victim of emergency room malpractice, contact the personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP to discuss your case. We are highly experienced in the area of medical malpractice and can help you discover whether you have a case of medical malpractice.

Determining Medical Malpractice in an Emergency Room

Not every medical error can be considered malpractice. Physicians and other healthcare providers have an expected “standard of care.” It is only when this standard is violated can they be held liable for any damages. If they have acted as carefully as any reasonable professional might have, given the same circumstances, they have provided an acceptable standard of care and may not be liable for any problems you may have experienced subsequent to treatment.

Determining whether their handling of your case has violated the expected standard of care is the first step in establishing whether you have a case and the value of the damages you might be awarded.

What is involved in establishing medical malpractice?

There are, essentially, two steps to establishing medical malpractice:

  • The first is to determine what the appropriate “medical standard of care” would be for the conditions or situation, which includes making the correct diagnosis, and determining and delivering the best course of treatment.
  • The second is to prove that the doctor or other healthcare provider was medically negligent, meaning that he or she fell short of reaching that standard of care.

While only two steps, this is a complex undertaking, with many variables.

Examples of Medical Malpractice in the Emergency Room

Some common examples of medical malpractice that may occur in the emergency room include:

  • A misdiagnosis, resulting in a heart attack.
  • A failure to admit a person to the emergency room when needed.
  • An extended wait for timely treatment, leading to a medical crisis.
  • A failure to perform the full range of tests in the emergency room, to determine whether the patient should be discharged.
  • A failure to consult a specialist or get an experienced opinion for a patient while in the emergency room.

Rosenberg, Minc, Falkoff & Wolff LLP Can Help You

An emergency room visit can turn even more stressful when a medical professional fails to uphold his or her standard of care, resulting in severe consequences. If you were a victim of emergency room malpractice, contact Rosenberg, Minc, Falkoff & Wolff, LLP immediately to explore your legal options for compensation. Our initial consultation is free, and there is never a fee unless we win your case.