Emergency Room Malpractice Attorneys
Advocating for Accountability and Proper Compensation When Care Goes Wrong in the ER
Trusted and Award-Winning Representation
Emergency rooms are meant to provide urgent, life-saving care, but delays, misdiagnoses, or negligence happen all too often and can have devastating consequences. If you believe you’ve suffered from substandard treatment in an emergency room, we can evaluate your situation and, if legal action is warranted, provide help.
At Deutsch Law, we believe Emergency Departments should be accountable to provide a reasonable level of care in a timely way. If an Emergency Room has failed to provide a reasonable and reasonably timely level of care, we can be your experienced and compassionate advocate.
Understanding Emergency Room Malpractice
Timely and accurate care is critical in the ER. An Attending (fully-trained doctor) should see patients with possibly life-threatening conditions. Some cases are considered so urgent by-definition (such as heart attack or stroke) that an Attending evaluation should occur within a few minutes of patient arrival to the ER. [1]
Unfortunately, errors such as delays in treatment, misdiagnoses, or failures to call indicated consults can occur, leading to injury and even death.
Common Examples of ER Malpractice Include:
- Failure to Diagnose: Missing serious conditions like heart attacks, strokes, or internal bleeding.
- Delayed Treatment: Waiting too long to provide necessary care for critical conditions.
- Medication Errors: Administering incorrect medication or dosage.
- Improper Discharge: Releasing patients without proper evaluation or suitable follow-up instructions.
These mistakes often stem from understaffing, inadequate training, or a failure to follow protocols. At Deutsch Law, we have the knowledge and experience to thoroughly investigate, to uncover if there was negligence and if so, to advocate for your rights.
Why Trust Us for Your Emergency Room Malpractice Case
Expertise in ER Medicine and Malpractice: We have deep knowledge of emergency medical procedures, hospital practices.
Proven Track Record of Success: We have a track record of securing substantial settlements and verdicts, even the most complex in ER malpractice cases.
Compassionate and Dedicated Support: We provide compassionate, client-focused representation, supporting you every step of the way in the legal process.
Our Emergency Room Malpractice Expertise
Comprehensive Coverage of ER Malpractice Cases
At Deutsch Law, we handle a broad spectrum of ER malpractice cases, providing expert support regardless of your situation.
Improper Triage Procedures
Failure to Prioritize True Emergencies
Too Much Delegation to Inexperienced Residents
Improper Discharge from the ER
Failure to Consider Serious Conditions from Symptoms
What Our Clients Say
4.7 out of 5
“Dear Larry,
Please accept our gratitude for your herculean efforts. Because of your guidance, we can now hopefully smile when he looks at the “Man in the Mirror.” You were our general; you were our Atticus Finch.
Sincerely,
Mr. and Mrs. V”
“Dear Larry,
I have been meaning to write to you to say “Thank you,” for all the work. You believed in us right from the start. Your integrity and professionalism were truly exceptional, and very much appreciated! I wish I had been there when the jury came back. My husband called me at work and I started to cry. From what I hear, your summation was just fabulous. You should be so proud.
Sincerely,
Mrs. D.”
“I wanted to sincerely thank you for all your effort on my behalf. I honestly never imagined that I would receive such a large settlement. I am very grateful that you represented me with such professionalism, knowledge, courtesy, and of course, great negotiating skills. It’s such a comfort to know that now I can worry a little less knowing I have a nice cushion for retirement and my family.
Thanks again for everything!”
Our Approach to Emergency Room Malpractice Cases
Free Initial Consultation
We listen to your story, gather case details, and provide clear advice on your legal options to help you seek justice and compensation.
Case Investigation and Evidence Gathering
We thoroughly review medical records, national and hospital-specific protocols, and treatment timelines to build a strong case.
Expert Collaboration
Our network of medical experts, including ER physicians and specialists, provides insights into the standard of care, identifies errors, and helps build a compelling case where supported by the facts.
Negotiation and Litigation
We seek fair settlements through skilled negotiation, but stand ready to go to trial if needed to achieve the accountability our clients deserve.
Post-Settlement Support
We offer ongoing support, including strategic post-settlement planning to ensure your long-term financial security and optimize compensation.
Financial Support for Your Legal Journey
No Upfront Fees
We operate on a contingency fee basis—there is no fee unless we successfully secure compensation for you.
Access to Financial Assistance
We connect clients with financial resources to cover medical expenses, lost wages, and other costs, providing support beyond legal representation.
Have you experienced emergency room malpractice?
Don’t let emergency room negligence disrupt your life. Let Deutsch Law help you hold providers accountable and obtain the compensation you deserve. We are committed to helping you rebuild your life after ER malpractice.
FAQs about emergency room malpractice cases.
What are common types of ER malpractice?
Common types of emergency room malpractice include failure to consider serious emergencies in the “differential diagnosis,” delayed treatment, medication errors, and improper patient discharge. These errors can result in severe harm or even death.
What is improper discharge from the ER?
Discharging a patient who requires further testing to rule out a potential life-threatening emergency (e.g., stroke, aneurysm) can be considered negligent discharge. Whether it’s failing to conduct necessary blood tests, imaging studies, or consulting with specialists, we hold ERs accountable for improper workup or discharges that compromise patient safety. [2]
Who is responsible for emergency room malpractice?
Typically, the hospital at which care was rendered will be responsible for Emergency Room malpractice, even if the physician who rendered care was not technically “employed” by the hospital or is claimed to be a contractor. If the hospital is named as Defendant, this will also, typically, cover negligence committed by its “resident” and nursing staff. However, depending on the case facts, we may also name as Defendant one or more individual practitioners who were most at fault.
Is it challenging to obtain fair compensation from a hospital for malpractice?
We have brought suits, successfully, against some of the largest health networks and hospitals in New York State. Even highly reputable hospitals can be liable for malpractice. The issue is not whether it’s a “good hospital,” but whether, for the particular event at issue, did the hospital (and its Emergency Department) provide appropriate care to that patient, that day?
How long do I have to file an emergency room malpractice claim in New York?
In New York, the statute of limitations for filing an emergency room malpractice claim is generally two and a half years from the date of the injury. However, there are exceptions, including short (90-day) ‘notice’ periods for some municipal hospitals. So, it’s crucial to consult with an experienced lawyer as soon as possible.
What is the process of filing an emergency room malpractice lawsuit?
Filing an emergency room malpractice lawsuit involves several steps, including gathering evidence, consulting with medical experts, filing the complaint, conducting discovery, negotiating settlements, and, if necessary, going to trial. Our team guides you through each step to help you navigate the process, successfully, while minimizing stress.
Do you offer free consultations?
Yes, we offer free consultations to evaluate your case and discuss your legal options. There is no obligation to proceed after the consultation.
References
[1] Mission Lifeline (American Heart Association, 2021). Retrieved from www.heart.org
[2] Emergency Medical Treatment and Labor Act (EMTALA), New York General Municipal Law, sec. 50-e.