Emergency Room Malpractice
If you suspect that you are victim to emergency room malpractice and you want to seek compensation for your injuries, you’re in the right place. Our experienced lawyers take you through a few scenarios and what you should do.
Emergency Room Malpractice | Failure to Diagnose
People often have the question as to whether or not they have a claim when an emergency medical provider fails to diagnose their condition. The answer to that question is that the standard of care that applies to an emergency provider is different than to your doctor who knows more about you. It is an emergency medical provider’s obligation to treat emergency medical conditions. You may often leave the emergency room without a diagnosis and be given instructions to return to your medical provider, so an emergency medical provider may not diagnose you and doesn’t have that obligation, he only has the obligation to diagnose and treat emergent emergency type conditions.
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Emergency Room Malpractice | Incorrect Diagnosis
We’ve often been asked the question as to whether or not when a fracture is not diagnosed in the emergency room, whether or not there’s a valuable claim. A fracture by definition requires that the body begin the healing process in order to be discoverable so unless there is a fracture line where calcium has begun to lay down a study can be performed and not reveal the actual fracture so while some fractures whether or not touching, where the bones are not touching are obvious because there’s a deformity that can be seen with the naked eye just even with the skin over top of the bones but where there is a fracture that’s not obvious because the healing process hasn’t begun there often isn’t a failure to diagnose that fracture.
Emergency Room Malpractice | Proving Reckless Disregard
Many people want to know why emergency medicine physicians are different as compared with all other medical providers who commit mistakes. When you walk into an emergency room, an emergency room physician has no prior history with you so when you’re considering whether or not an emergency medical provider has made a mistake you as the claimant have to prove that the medical provider was not only negligent but what something more, that he acted with reckless disregard for the consideration of your health and safety and that’s because you don’t have a relationship with that provider and he doesn’t know anything about you other than what you walk in with.
If you want to pursue a medical malpractice case, please call our Tampa medical malpractice lawyers today to get a free consultation!