On a busy day, an emergency room could be a frantic environment, with doctors and nurses rushing around, attending to as many patients as possible. Due to the high-stress circumstances, a mistake could occur, injuring a patient.
If you were harmed by an ER error, you might benefit from professional legal assistance. Taking on a legal case might be difficult to manage on your own, but a Phoenix emergency room errors lawyer could lend a helping hand. A skilled injury attorney could help you make knowledgeable and practical decisions moving forward.
When a health care professional deviates from the standard of care expected of them, they could be found liable for injuries. Proof of a deviation is an imperative part of the case that an emergency room errors lawyer in Phoenix would have to prove. It illustrates to the court that the defendant doctor failed to administer the same level of care that another doctor would have under the circumstances.
The medical standard of care is different than the standard of care imposed on regular citizens. In most other personal injury cases, the reasonable person standard applies, which states that every person should act as another reasonably prudent person would under the circumstances. The failure to do so could lead to civil liability if someone is harmed.
A medical provider deviates from their standard of care if they fail to use the same level of care that another medical provider would have used under similar circumstances. Factors that contribute to liability include:
Due to the hectic environment of emergency rooms, there are many different types of claims that could arise, depending on the underlying facts. These claims include:
The proof required for each case would vary depending on the type of claim. If an attending physician misdiagnoses an injury or illness, an emergency room errors attorney in Phoenix would have to show that no other competent physician would have made that misdiagnosis. In a failure to warn case, the plaintiff would have to show that they would not have elected certain treatment if the doctor has properly informed them of possible risks.
The plaintiff must file their claim within the required legal deadline to prevent being barred from recovery. A victim has two years from the date of the medical error or the date they should have discovered the error under Arizona Revised Statutes §12-542.
Suffering further from a medical error in the emergency room could be a frustrating experience. A Phoenix emergency room errors lawyer could investigate the circumstances of your case and help you determine your options for future relief. Call today and schedule your first consultation.