Medical Malpractice and the ER By Moody Law | Personal Injury Attorneys on July 23, 2020

Judge’s gavel and doctor’s stethoscope

When people seek medical care, they expect professionals to improve their condition, not make it worse. Unfortunately, negligent medical care can cause a patient to suffer from additional, and unnecessary, damages. Injury or illness caused by medical malpractice can result in physical and emotional pain, as well as costly medical expenses and lost income.

Medical malpractice laws hold medical professionals accountable when they fail to provide the accepted standard of care. Medical malpractice often occurs in the ER, where doctors are busy with numerous patients. Medical malpractice lawyer Daniel D. Moody can assist clients from the Lakeland, FL, area in seeking financial compensation for damages stemming from medical malpractice in the ER.

Medical Malpractice Laws Pertaining to the ER

In cases of medical emergencies, first responders are usually protected from lawsuits. It is widely recognized that, when responding to emergency medical situations, first responders have to make quick decisions, often without full knowledge of the situation. To prevent frequent lawsuits that would discourage individuals from taking jobs in the emergency field, most states have laws in place that protect ambulance workers, firefighters, and other first responders from facing a civil lawsuit.

It is important to note that these protections do not extend to staff in a hospital emergency room. Although the busy pace of an emergency room is taken into consideration when establishing an accepted standard of care, emergency room personnel are subject to the same medical malpractice laws as all other medical professionals. ER personnel must provide the same standard of care that a patient could expect from another medical professional who was similarly trained, and presented with the same set of circumstances. If they fail to do so, they can be sued for medical malpractice. 

Types of Medical Malpractice in the ER

There are many ways that emergency room workers can fail to provide the accepted standard of care. Unfortunately, our Winter Haven clients can suffer significant damages stemming from emergency room errors or neglect. Common examples of medical malpractice in the ER include:

  • Misdiagnosis or failure to diagnose
  • Refusal to provide treatment
  • Failure to order appropriate tests
  • Misinterpretation of test results
  • Medication errors
  • Premature discharge of a patient

Who Is Liable for Medical Malpractice In the ER?

In typical medical malpractice cases, a doctor or treating medical staff can be held personally liable for damages caused by medical malpractice, which may include medical expenses, lost wages, and pain and suffering.

Medical malpractice that takes place in the ER is slightly different. In these cases, patients are seeking emergency care from a facility, as opposed to seeking care from a particular doctor. Because of this, it is the hospital who is usually found liable in such cases, rather than any individual.

Unfortunately, hospitals often employ large legal teams that are prepared to defend against claims of medical malpractice. However, attorney Daniel D. Moody has extensive knowledge in this area of the law and is ready to fight to get his Lakeland clients the full extent of compensation they are due.

Contact Us

If you believe that you have been a victim of medical malpractice in the ER, attorney Daniel D. Moody would be happy to help you consider whether you have grounds to file a medical malpractice lawsuit. To discuss your case with our legal experts, send us a message at your earliest convenience or call (863) 284-9090 to set up a personal consultation.

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Daniel D. Moody, J.D., B.C.S.

Moody Law, P.A.

Moody Law was founded by Daniel D. Moody for the sole and exclusive purpose of representing the injured. Our main office is centrally located next to the Polk County Courthouse in Bartow, FL, serving Lakeland, Winter Haven, and all the other communities of Polk County.  Some of Mr. Moody’s honors, memberships, and associations include:

  • The Florida Bar Board Certification – Civil Trial Specialist
  • AV PREEMINENT Martindale-Hubbell Lawyer Ratings
  • Life-member Multi-Million Dollar Advocates Forum
  • Best Attorneys of America – Rue Rating Lifetime Charter Member
  • National Trial Lawyers: Top 100 Trial Lawyers

To schedule a free, no-obligation consultation, contact us online or call (863) 733-9090.

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“Our experience with Moody Law has been awesome, from the first day of calling and talking with the front desk staff and meeting with everyone through the whole process, everyone has been helpful in helping us to resolve this matter.”

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