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Who Is Liable For A Malpractice During Emergency Medical Care?

May 5, 2009 | Comments (0)

Emergency medical situations are quite different when it pertains to a medical malpractice claim. There are special rules involved that distinguish it from a regular medical malpractice lawsuit. For the most part, first responders are protected from lawsuits, and while emergency room doctors and nurses are not protected, there is always a lower expectation within these types of settings because of the urgency and stress that working in an emergency department brings. More mistakes are expected in an emergency setting than in any other medical location.

The liability will fall on the person who was negligent or reckless during their actions that caused the injury of a patient. The blame could fall on the physicians, nurses, first responders, or other medical staff within the ER. The medical malpractice legal counsel can help the victim determine who is liable for mistakes committed in Orlando. Below will be described who will be held liable if any of these individuals commits an error.

Mistakes by First Responders

Those who attend first to a medical emergency and provide care are usually named the “first responders”.  The majority of states have laws that protect these professionals from medical malpractice claims. The reason why these laws have been established have been to maintain the quality of emergency services. If first responders were able to be sued just like medical professionals in a hospital setting, then emergency services would not be as efficient anymore.

Even though first responders are protected, it does not mean that they will not be liable for every malpractice that occurs. When first responders negligently, recklessly, or intentionally commit an act that hurts a person, they can be held responsible. When it is found that a first responder was negligent, their employer will be the person who will be paying for the damages caused.

Mistakes by Physicians and Nurses

Unlike the first responders, nurses and physicians in the emergency department are not protected from medical malpractice claims. Just like in any other medical malpractice lawsuit, the standard malpractice rules apply to them. Negligence must be proven in order to raise the idea of a medical malpractice. The negligence performed by these professionals must be extremely severe because of the setting they are in. An emergency department does not provide the calm atmosphere that another medical setting does, which is why more mistakes are expected in this department.

With almost every emergency mistake, the hospital will be the one on the hook to pay for all the damages. In an ER, there is usually no time to advise the patient whether the doctor that will be treating them is an employee or an independent contractor.

Getting Help in Orlando For a Medical Mistake in an ER

Every state has different laws with medical malpractice claims. A lawyer from Percy Martinez Law Firm can provide the representation and legal advice that a victim of a medical malpractice needs.  Emergency rooms should take extra caution because they are dealing with emergency situations. Although the situation may be stressful, if an ER professional cannot handle the stress, they should not be working in that setting. Victims of medical malpractice deserve the greatest compensation for their damages.

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Cochran & Edwards provides personalized legal services for Business Litigation, Personal Injury, Class Action Litigation, Estate Planning & Government Law.