Trials in Emergency Room Malpractice Cases

People experiencing health crises will often go to the emergency room with the expectation that they will receive prompt and appropriate attention. Unfortunately, though, a patient’s condition worsens in the emergency room due to preventable medical errors. In some cases, emergency room mistakes may rise to the level of malpractice, and people harmed by such oversights have the right to seek damages for their losses. While many medical malpractice matters settle out of court, not all do, and it is important for those pursuing such claims to understand what trials in emergency room malpractice cases entail. At DeFrancisco & Falgiatano Personal Injury Lawyers, our skillful Syracuse medical malpractice attorneys have extensive experience representing clients in malpractice claims and are well-versed in what it takes to prevail at trial when emergency room errors lead to harm. If you or a loved one suffered losses due to the negligence of healthcare providers, we will fight to help you seek the compensation you deserve.

Emergency room malpractice may take various forms, including misdiagnoses, delayed diagnoses, failure to order necessary tests, inadequate monitoring, improper discharge, and medication errors. Emergency rooms can be chaotic environments with limited time to diagnose and treat patients, but these factors do not excuse negligence or substandard care.

The consequences of emergency room malpractice can be devastating. When a critical diagnosis is missed, or treatment is delayed, conditions can worsen rapidly, resulting in severe injuries, permanent disability, or even death. For instance, undiagnosed heart attacks, strokes, infections, or traumatic injuries can escalate without timely intervention, potentially leading to life-threatening complications. In trials of emergency room malpractice cases, plaintiffs seek to demonstrate that their injuries directly resulted from the emergency room's failure to meet the appropriate standard of care.

In trials in emergency room malpractice cases, plaintiffs must establish fault in order to recover compensation. Generally, this is accomplished via a negligence claim. In New York, proving negligence requires a plaintiff to demonstrate that the defendant breached the accepted standard of care, leading directly to the harm suffered. The plaintiff must first establish that a patient-provider relationship existed, creating a duty of care. The plaintiff then must show that the healthcare provider's actions deviated from what a competent professional would have done under similar circumstances.

Expert testimony is critical in trials for emergency room malpractice cases to outline the standard of care and the specific ways in which it was violated. Experts may be called upon to review the medical records, treatments administered or not administered, and the protocols that should have been followed. They can also clarify how the failure to meet these standards directly led to the plaintiff's injuries.

In New York, the plaintiff must also demonstrate that the emergency room error was a substantial factor in causing their harm, whether by contributing to an undiagnosed condition, worsening of an injury, or other preventable complications. Successfully proving causation often involves connecting specific actions—or inactions—with the harm sustained, which can be challenging but is vital in securing a favorable outcome.

Patients who suffer harm due to emergency room malpractice may be eligible to pursue compensation for both economic and non-economic losses. Economic damages are meant to cover direct costs such as medical expenses, rehabilitation, and any future medical care necessitated by the emergency room error. This may also include lost wages if the injury or condition resulted in time away from work or impacted the victim's earning capacity.

Non-economic damages account for the emotional and physical toll of the malpractice, including pain and suffering, emotional distress, and loss of enjoyment of life. In cases where emergency room errors lead to wrongful death, families of the deceased may be eligible to recover compensation for funeral expenses, loss of companionship, and other losses.

Emergency room errors can lead to severe, life-altering injuries. If you or a loved one suffered harm because of emergency room malpractice, it is essential to consult with an experienced attorney to understand your legal options. The capable New York medical malpractice attorneys at DeFrancisco & Falgiatano Personal Injury Lawyers understand the unique challenges of trials in emergency room malpractice cases, and if we represent you, we will help you pursue justice for your losses. We have an office in Syracuse, and we regularly assist people with medical malpractice claims in Syracuse and in Rochester, and throughout Upstate New York. To schedule a free and confidential consultation, please contact us at (833) 200-2000 or fill out our online contact form.