If you endured harm as a result of a medical error committed in the emergency room, you might benefit from reaching out to a knowledgeable medical malpractice attorney. While the path to relief could be confusing at times, a Mesa emergency room error lawyer could guide you through every step of the process.
Medical malpractice is an area of personal injury law that allows those who have suffered harm as a result of a medical error to seek damages. Emergency rooms occupy a unique space within medical malpractice because of the high-stress conditions that the doctors and nurses are usually operating under.
Emergency room health care professionals are required to treat their patients with the same level of care that a prudent emergency room health care professional would under similar circumstances, with the same training and experience. Medical negligence occurs when a health care provider deviates from the standard of care.
To establish a claim for injuries caused by an emergency room error, an attorney in Mesa would have to prove four elements. First, there must have been a doctor-patient relationship. Second, the emergency room doctor or nurse deviated from the standard of care. Third, the deviation caused the plaintiff harm. Lastly, the plaintiff’s harm qualifies for specific damages, such as medical bills and emotional distress.
It is imperative for victims to understand the laws surrounding emergency room error claims, the first being the statute of limitations. The statute of limitations requires plaintiffs to file their cause of action within two years from the date of the medical error under Arizona Revised Statutes §12-542. Failure to do so can result in losing the right to bring a medical malpractice action against the responsible defendant and any chance of receiving compensation.
Another law regarding mistakes made in the emergency room is Arizona’s medical expert certification rule. Under Arizona Revised Statutes §12-2602, an ER error lawyer is required to file a written certification, attesting as to whether medical expert testimony is necessary to support the Mesa defendant’s negligence or not. If necessary, the attorney must file affidavits from medical experts supporting that the defendant physician was negligent. If no certification is deemed necessary by the plaintiff’s lawyer, the court may order the plaintiff to submit affidavits in support or continue the lawsuit without them.
Following an ER error, an individual could require additional medical treatment and suffer from physical and emotional trauma. While compensation cannot take away a person’s injuries, it could help them pay for treatment.
However, seeking compensation requires extensive research, planning, and experience to navigate through the complex process of legal recovery. A Mesa emergency room errors lawyer might be able to help. They could utilize their knowledge and experience to help you protect your interests and advocate for your right to receive compensation for the harm that you have endured. Reach out today to learn more about your potential claim for recovery.