Emergency Room Errors and Medical Malpractice in Georgia

September 19, 2021

Emergency rooms have a stressful atmosphere. All medical professionals exhibit the same level of expertise and care as any other doctor would, even after being constantly under pressure. However, negligence can be done anywhere. You can file a lawsuit for medical malpractice in Georgia if you sustain injuries or complications due to a doctor’s negligence. You have the legal right to claim for the losses. John Hopkins experts have calculated the medical death rate data for 8 years and concluded that each year 250,000 people die due to medical error in the U.S.

At, Joe Durham Jr., P.C., a dedicated team of medical malpractice attorneys will assist your case at every step. We aim to recover the compensation for the losses that occurred due to a preventable medical mistake. We provide effective representation on your behalf to protect your legal rights.

Emergency Room Care & Medical Malpractice in Georgia:

Emergency room medical care is provided to treat traumatic injuries and emergency medical needs of patients. The doctor identifies the immediate needs of the patient, stabilizes their condition, provides them relevant treatment, and either admits them for further treatment or sends them home depending on their health condition.

Emergency room doctors are required to provide the accepted standard of care to the patients regardless of the chaos in the emergency department. Patients can take legal action for medical malpractice in Georgia if they suffer injuries as a result of medical malpractice.

Following are the elements that must meet before you file a claim for medical malpractice in Georgia:

  • The establishment of duty proved through the existence of doctor-patient or nurse-patient relationships
  • The failure to act or the actions of medical professionals showed a breach of the accepted standard of care
  • You suffered the injury as a result of the breach
  • You suffered damages and these emerged from the incident

A medical expert will examine the malpractice claim by analyzing and comparing the emergency care given to patients and accepted standard care. To prove negligence, they will evaluate how any other emergency room doctor would have treated the patient in given circumstances.

Emergency Room Mistakes and Vicarious Liability; How They Relate to Medical Malpractice in Georgia:

Emergency room errors are often unintentional. It becomes chaotic and stressful to deal with emergency patients. The reasons for error may include:

  • Insufficient staff
  • Miscommunication
  • Inexperienced staff
  • High level of stress
  • Overcrowding
  • Failure to properly take patient’s history
  • Unhygienic conditions
  • Inadequate training

Even if the error was unintentional, it doesn’t mean negligence did not happen. It is very common. Many cases have been reported in which surgeons forgot surgical tools inside the body of their patients. Regardless of the circumstances, if any medical care provider staff, nurse, or doctor behaves negligently causing you an injury or hurting you in any other way, they are liable to compensate you.

You can claim the damages against the hospital with a claim for medical malpractice in Georgia. In vicarious liability, the hospitals are liable for the care of patients and maintenance of the facility. If a patient sustains an injury or develops an illness due to factors such as the hospital being filthy, understaffed, or overcrowded, the hospital can be held responsible for compensating the victim.

The victim has to prove that all involved people were acting within their job roles when the incident occurred. If you develop an infection because the tools were not sanitized then the hospital is liable for any damages as hospitals are responsible to provide treatment under sanitary conditions.

Common Types of Emergency Room Errors:

There is a high risk of mistakes in an emergency room as paramedics race around, several patients wait for help, and the stress. Common ER errors include:

  • Medication mistakes (giving the wrong medicine, or wrong dose)
  • Diagnosis errors
  • Ignoring healthcare directives
  • Failure to evaluate the condition of a patient
  • Releasing a patient without discharge instructions
  • Refusing treatment
  • Treatment without consent
  • Failing to refer to the specialist
  • Delay in treatment

How Our Georgia Medical Malpractice Attorney Can Help You:

If you received sub-standard care, or you suffered an injury or illness, know your legal rights through an experienced medical malpractice lawyer Georgia at our office. Your case will be investigated by a top medical expert to identify where the staff was negligent in your case.

We aim to strengthen your case and recover the compensation for your damages including medical expenses, lost wages, emotional distress, and other financial burden caused by the incident. Get a consultation right away as there is a limited time to file for a medical negligence claim.

If a medical professional caused you an injury, we are here to protect your legal rights and attain successful outcomes for the claim.