When an emergency room doctor, nurse, or medical staff fails to adhere to the medical standard’s duty of care and causes harm to a patient, the facility and its personnel may be held liable for negligence.

At Silberstein, Awad & Miklos, P.C., we help patients seek compensation from the medical professionals and facilities that have caused them harm. Our firm has helped victims obtain millions of dollars in recovery from the responsible parties. Our experienced legal team and Queens emergency room error lawyers work closely with medical experts to help illustrate emergency room negligence and fight for patients’ rights to compensation.

Emergency room medical staff must prepare for any patient condition that walks through their doors. When they are not prepared or act in error, they put their patients’ limbs and lives at risks. Our dedicated and compassionate malpractice attorneys could fight for justice for your injuries. Put our team on your side and let us help you seek the compensation you deserve.

Types of Emergency Room Errors

According to the Centers for Disease Control and Prevention, roughly 136.9 million people visit the emergency room each year. When a hospital is understaffed, undermanaged, and overworked, errors can occur. Errors in emergency rooms can also happen because of:

  • Overcrowding
  • Inadequate training
  • Lack of resources and equipment

Types of emergency room errors our Queens attorneys are experienced in handling include:

  • Treatment errors
  • Diagnostic errors
  • Miscommunication
  • Administration errors
  • Equipment errors
  • Intake errors
  • Delayed treatment
  • Premature patient discharge
  • Laboratory errors
  • Documentation errors

Our firm can help determine the direct cause of your injury, investigate the circumstances, and present the evidence in court if needed.

Who is Liable for Emergency Room Errors?

Medical professionals have a legal and ethical duty to adhere to the current standards of care and to act in a way that other reasonable healthcare providers would act. If they do not adhere to the standards, they have breached their duty of care.

Depending on the circumstances, doctors, nurses, specialists, aids, physical therapists, pharmacists, and pharmacy technicians can all be held liable in court. Often, the hospital and even equipment manufacturers can be named as defendants. A seasoned Queens emergency room error lawyer could help establish liability.

Joint and Several Liability

Under New York Civil Practice Law & Rules §1601, a plaintiff could be awarded compensation from one, several, or all responsible parties. Defendants can be held both jointly or severally liable for damages. Joint liability makes each named defendant liable for the total award owed to the plaintiff. When a defendant is less than 50 percent liable for non-economic damages to the plaintiff, several liability then applies. This means that each party is only responsible for their share of responsibility.

Plaintiff Liability

In some ER cases, a jury may determine that the plaintiff shares some fault in their own injuries. For example, a plaintiff can be held partially liable if they failed to tell the medical staff about a previous medical condition and allergy or failed to follow medical advice. In these cases, the plaintiff’s award may be reduced by their percentage of fault according to New York Civil Practice Law & Rules §1411.

Assistance from a Queens Emergency Room Error Attorney

Any patient can be negatively impacted by emergency room malpractice. These errors can cause an individual and their family terrible financial strain. Patients who are hurt due to an emergency room error deserve justice and compensation for the harms they endured.

Our lawyers at Silberstein, Awad & Miklos, P.C. work with a team of medical advisors to present all evidence and advocate for patients’ rights in court. Let a seasoned Queens emergency room error lawyer fight for compensation for your losses.

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Silberstein, Awad & Miklos, P.C.

Silberstein, Awad & Miklos, P.C.
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