Evidence in Emergency Room Malpractice Cases

Patients with critical medical problems often visit the ER to get diagnosed and treated as quickly as possible to avoid progression of the problem. However, during certain time periods, the ER may be chaotic, and patients, even ones who are grievously injured or sick, may not be triaged appropriately. Additionally, ER malpractice cases can present certain difficulties with proof because emergency room records may not be kept as carefully. If you were harmed in an emergency room malpractice lawsuit, you may be able to pursue damages, but it’s crucial to consult a seasoned Syracuse medical malpractice lawyer. At DeFrancisco & Falgiatano, we have more than 30 years of experience seeking the best settlements and awards on behalf of patients who were harmed by health care providers, and we have recovered more than $100 million on behalf of them.

Medical malpractice lawsuits rely on evidence to prove that the health care providers and hospitals who were supposed to provide treatment departed from the professional standard of care, thereby causing a victim’s injuries. These lawsuits are not simply disputes about what the plaintiff believes versus what the defendant or defendants believe. Rather, they often entail expert opinion about what the professional standard of care was, how it was breached, and whether the breach caused damages. Evidence is needed not only to prove liability, but also to establish the damages our Syracuse attorneys claim on your behalf.

Generally, damages must be sufficiently certain. At trial, a plaintiff’s attorney does not simply assert what losses he or she has experienced, but also submits evidence to assist the jury in determining disputed factual issues. Evidence allows a jury to determine whether each element of an emergency malpractice case was proven by a preponderance of evidence. A preponderance of evidence exists when it is more likely than not a doctor committed malpractice in causing a patient’s harm.

Emergency room malpractice cases can be challenging to establish. Evidence we may need to obtain in this type of case includes proof of physical injuries such as medical records and hospital records; video evidence; evidence that speaks for itself; expert witness reports; diagnostic test results; incorrect prescriptions; diagnostic test results; imaging; receipts; witness statements; and testimony.

We may need to present testimony of direct (or percipient) witnesses—those who experienced for themselves what happened before, during, and after the malpractice in question. This testimony may also go towards figuring out the harms suffered as a result of emergency room malpractice. For example, if an emergency spinal cord surgery was needed, evidence could assist with figuring out whether the surgeon deviated from what a reasonably competent doctor would have done under the circumstances and causation.

Doctors owe a professional duty of care to their patients. However, the nature of that duty can vary depending on their specialty and geographic region. In most cases, it’s necessary to retain an expert even before a complaint is filed to determine what the professional standard of care was and whether it was breached.

Evidence in emergency malpractice lawsuits can be tricky because many doctors, including the ER doctor, surgeons, anesthesiologists, and pain management doctors, in addition to medical staff and nurses may have made mistakes in connection with the patient’s care. Further, there may be mistakes that date back further than the actual trip to the emergency room that gives rise to the litigation. Sometimes, a primary care physician’s mistake, for instance could have resulted in a misdiagnosis that then causes harms that are exacerbated by ER doctors and staff.

Evidence that tends to help their case may not be disclosed voluntarily to a patient, which is why it is so crucial to retain Syracuse lawyers to fight for just compensation on your behalf, bring all potentially responsible parties into the case, and conduct discovery, aggressively, when needed.

If you were injured or a loved one was injured in an emergency room and you suspect malpractice, call our seasoned Syracuse medical malpractice attorneys. DeFrancisco & Falgiatano Personal Injury Attorneys has more than 30 years of experience seeking best results for injured patients in Canandaigua, Lowville, Auburn, Buffalo, Oneida, Utica, Rochester, Albany, Wampsville, Watertown, Herkimer, Oswego, Lyons, Ithaca, Cooperstown, Binghamton, Elmira, and all of Upstate New York. For a free consultation, complete our online form or call us at 833-200-2000.