Proving a Medical Malpractice Case After Treatment in an Emergency Room
To have a successful medical malpractice case after negligence occurred during treatment in an emergency room, you have to prove three things:
- That there was a doctor-patient relationship
- That the treatment provided in the emergency room involved some degree of negligence
- That the patient suffered harm because of the negligence that occurred
Understanding the Doctor-Patient Relationship in Medical Malpractice Cases from Emergency Room Care
This is an element that is one of the easiest to prove. If a doctor examines a patient or provides any type of treatment while they are in the emergency room, the doctor-patient relationship has been established. There isn’t a need for the patient to prove that the relationship was ongoing or that it went further than the treatment received in the emergency room. However, it is necessary to show the relationship was existent when the alleged case of malpractice took place.
Negligence in Medical Malpractice in the Emergency Room
Doctors will be acting in a negligent manner if they don’t provide the quality of care that other competent doctors would have provided in a similar situation. For a person to have the ability to file a medical malpractice lawsuit and to have it be successful, they have to prove the following two elements to show negligence occurred: the standard of care, as well as a breach of that standard.
What is the Standard of Care and How Does it Apply to Medical Malpractice Cases?
The standard of care is a legal term referring to the level of competence that the majority of physicians would have had in a similar situation when treating a patient. In some situations, an emergency room doctor is giving a bit of leeway because the standard of care in emergency rooms isn’t as high as what it would be in an environment that isn’t as busy. In most cases, providing that the standard of care was not high or what it should be, you will need to acquire expert testimony.
If you are in a situation where you believe you have been injured or had someone you love pass away, because of medical malpractice in the emergency room, you need to contact an attorney for help. They can review the facts of your case and help you take the proper steps to recover the compensation you deserve.
If you are ready to peruse your medical malpractice case, contact the team of attorneys from Hardesty, Tyde, Green, Ashton & Clifton, P.A. by calling 904-414-4906.
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