September 29, 2015
Medical malpractice occurs when a medical practitioner or another health care provider provides treatment that does not meet the accepted standard of care, resulting in injury or death. In an emergency setting, the risks of receiving negligent care increase due to the chaotic, fast-paced nature of the situation. Mistakes made by first responders or emergency room staff can lead to serious complications, injuries and even death.
Unfortunately, while the risk of malpractice is heightened when receiving emergency medical care, the chances of winning your medical malpractice case are not. Read on to learn more about the complexities of medical emergency malpractice lawsuits for a better understanding of how to win your case.
Proving Negligence In an Emergency Situation
The most important thing to have when filing a medical malpractice case is the ability to prove negligence. Generally, negligence exists when it can be affirmed that a competent person under the same circumstances would have acted differently than the defendant did. Proving negligence in a normal medical scenario is already a complex task, but the chaos and pressure involved in an emergency situation make proving negligence even harder.
This makes it crucial to have a thorough understanding not only of your own rights, but also of the legal protections of all of those involved.
Legal Protections of Emergency Care Providers
First responders, who are the first to arrive on the scene of an emergency and begin treating a patient, are protected in most malpractice lawsuits under state laws. However, while ambulance crews, firefighters and emergency medical technicians receive special protections, they are not completely exempt from malpractice charges. If it is apparent that a first responder has acted recklessly or blatantly negligent or has caused intentional harm, you may still have a case.
Although there are no special legal protections for doctors and nurses working in emergency rooms, proving negligence can still be tough in these situations. The biggest challenge lays in establishing that another person in the same situation would have acted differently. Because the hectic surroundings of an emergency room do not always allow for careful, well thought out decisions to be made, a mistake usually has to be quite severe for it to be considered negligent.
Call Khonsari Law Group for Medical Malpractice Attorneys
A typical medical malpractice case requires thorough research, extensive studying and time to arrange professional witnesses to justify your claim. In cases of emergency, each of these factors becomes even more critical.
If you believe you have been the victim of medical emergency malpractice, call Khonsari Law Group today. Our experienced attorneys will review your case to help you determine if it is worth pursuing.