Anyone who has been in an emergency room can tell you how chaotic they can become. They are usually filled with many patients of various ages who have different needs and different levels of acuity, all of whom generally must be treated and processed at a very fast pace. Taking these factors into account, it is unfortunately neither surprising nor uncommon for an error to occur in an emergency room.
However, emergency room doctors are trained to function in these high-stress environments. As such, these doctors and other medical staff can and should still be held responsible for any harm that a patient endures due to receiving sub-standard care—and a qualified personal injury attorney could help you do just that. If you or a loved one suffered injury due to an error in an emergency room, it may be beneficial for you to consult with a Wheaton emergency room errors lawyer about your options and your next moves.
Proving Medical Malpractice in the ER
To prove that medical malpractice has occurred in an emergency room, the plaintiff—or their Wheaton emergency room errors lawyer, if they choose to retain one—must establish that:
- A doctor-patient relationship existed
- The emergency room treatment involved negligence
- The patient was harmed by the negligence
The doctor-patient relationship is usually the easiest of these elements to prove. Such a relationship is generally established when a doctor examines or provides treatment to a patient.
Legally speaking, though, negligence only occurs when a doctor fails to provide the same quality of care that other reasonably competent doctors would have provided in the same circumstances. To successfully recover damages, a plaintiff in a Wheaton emergency room error case would need to prove what the standard of care is and how the doctor or other medical professionals who treated them failed to uphold that standard.
Wheaton Affidavit of Merit Requirement
According to 735 ILCS 5/2-622, when a plaintiff in an Illinois medical malpractice case files a lawsuit, they must also file an affidavit of merit. This affidavit declares that the plaintiff’s attorney has reviewed the case with a medical professional who:
- Is knowledgeable about the medical issues related to the case
- Practices or teaches or recently practiced or taught in emergency medicine that pertains to the plaintiff’s case
- Is qualified in terms of experience and competence
If the plaintiff’s lawyer is not able to get this consultation due to the statute of limitations filing deadline, the affidavit must note this, and a healthcare professional’s report must be filed no later than 90 days after the original filing of the lawsuit. For more information, consult with a Wheaton emergency room errors lawyer today.
Working with a Wheaton Emergency Room Errors Attorney
You did not have a choice when you became injured from an emergency room error. However, you do have a choice when it comes to what you will do after such an error has occurred. Choosing to pursue a legal claim with the help of a Wheaton emergency room errors lawyer from our firm may positively impact your life after an emergency room error.
Although no amount of compensation can completely erase the pain and suffering you have endured, receiving compensation could decrease financial stress and help you live the best life possible after such an injury. Call today to find out how a dedicated local attorney could help.