Emergency Room Error Attorney

Emergency Room Errors

In the emergency room, healthcare workers must make quick decisions and act to save lives. Hectic environments lead to errors that cause injury to patients. The law recognizes the unique nature of emergency treatment. Typically, emergency medical workers are held to a different standard than other healthcare workers. When an ER worker fails to meet that standard and causes needless injuries, victims have the right to hold them accountable.
A study conducted by the National Institutes of Health (NIH), revealed more than half of ER claims are one of two types of errors:
  • Diagnostic errors (37 %) can lead to more injury if patients do not receive timely treatment. When they receive the wrong treatment or medication, it can introduce new medical issues.
  • Improper performance of procedures (17 %) can cause damage to internal organs, infections, or a host of other concerns while not treating the original complaint.
Another study by The Doctors Company found that most issues rose from misdiagnosis or failure to diagnose. The study also found:
  • The Emergency room doctor’s assessment was incomplete or inaccurate, leading to misdiagnosis (52% ).
  • Patient factors prevented diagnosis. The emergency room didn’t have the proper equipment to accommodate certain patients (21%).
  • Miscommunication between healthcare providers hindered the ER physician’s ability to timely and correctly diagnose (17%).
  • Lack of service on holidays or weekends delayed or prevented diagnosis and treatment (12%).
  • Improper treatment or performance of a procedure (5%).
  • Failure to order medicine (3%).


Call our office today for a FREE review of your personal injury case. We typically work on a contingent agreement basis, which means our fees are contingent upon the outcome of your case.


Don’t Delay! You may have a valid claim! Let us help you get your compensation before the statute of limitations expires!

Medical Malpractice is Preventable.

Call the Law Offices of L. Clayton Burgess for a consultation with our skilled attorneys.

BMC Emergency Medicine published a study stating most emergency department mistakes are due to human error (60%), followed by organizational error (25%), and technical error (11%).

Emergency room personnel often race against time to stabilize critically ill or injured patients. The rushed nature of emergency care makes it prone to more mistakes. While the law does not expect them to save all patients, they must still observe a basic standard of care. When treatment falls below that standard and causes injuries or even wrongful death, patients or their families may have the right to pursue a medical malpractice claim.

If you or a loved one have been the victim of an emergency room error, our personal injury attorneys can help.  Medical Malpractice cases require the proof of negligence to receive compensation and hold medical providers accountable.

Call The Law Offices of L. Clayton Burgess Today!


contact-us contact-us