Emergency rooms can be quite chaotic and challenging for the medical staff who work there. Even with this added pressure, emergency room doctors can still be held liable for harm that they cause by giving sub-standard medical care.
Although studies done by the National Institutes of Health show that 98 percent of emergency room errors do not result in an adverse outcome, the remaining two percent that ends an undesired outcome can be serious or even deadly. If you were injured or hurt by the errors of emergency room staff, get in touch with a dedicated attorney. An Oak Lawn emergency room errors lawyer may be able to help you.
Proving Medical Malpractice in Emergency Rooms
In an Illinois medical malpractice case, the plaintiff and their Oak Lawn emergency room errors lawyer must prove three basic elements:
- Doctor-patient relationship
- Negligent treatment
- Proximate cause of harm
Doctor-Patient Relationship
This aspect is usually simple to prove, as an emergency room doctor who examines a patient or provides treatment generally establishes a doctor-patient relationship by virtue of those actions. The relationship only needs to be in place at the time of the alleged malpractice. Medical records are more than sufficient to prove such a relationship.
Negligent Treatment
If an emergency room doctor does not give a patient the standard of care that other reasonably competent doctors would have provided in similar situations, the doctor has acted negligently. To prove negligence, the normal standard of care and the subsequent breach of that standard must be established. This is usually done with expert testimony hired by an Oak Lawn emergency room errors lawyer.
Proximate Cause of Harm
Finally, the patient and their Oak Lawn emergency room errors attorney must prove they were harmed by the doctor’s negligent actions. Harm in this context can include pain and suffering, the financial expense of further medical care, loss of earning capacity, and loss of quality of life. This can be the most difficult element to prove, especially if the additional harm is caused in the same area of the body that the patient initially sought treatment for.
Statute of Limitations for Emergency Room Injuries
As per 735 ILCS 5-13-202, patients who are harmed by negligent emergency room care have the same timeframe to file a claim in Illinois as all other personal injury cases. This timeframe is two years from the date of the injury, or two years from their discovery of the injury if that discovery did not occur on the same day.
A claim must be filed within this deadline, or an injured victim’s right to seek compensation for injuries may become time-barred. This means if a claim is filed after that deadline, it will likely be thrown out by the court.
How an Oak Lawn Emergency Room Errors Attorney Could Help
If you were injured due to a healthcare provider’s error in an emergency room, contact an Oak Lawn emergency room errors lawyer to find out if you have a case. An experienced attorney could assess your situation to determine if you may be owed compensation via the legal system in Illinois.
You do not have to face your injuries and medical bills alone. Your seasoned personal injury lawyer could be dedicated to doing everything they can to ensure the defendant in your case provides you with a fair settlement for your injuries and other damages. Call today to schedule a consultation.
