Emergency Room Negligence
Going to an emergency room usually means something is wrong and you need answers quickly. Emergency physicians and other medical professionals must evaluate patients with limited information, often under significant time pressure. But urgency does not excuse a failure to recognize signs of a serious medical condition or provide appropriate care.
When an emergency room fails to properly evaluate, diagnose, treat, or monitor a patient, a preventable medical error can have life-changing consequences.
A missed diagnosis can mean hours or days without necessary treatment. A patient who is discharged too soon may deteriorate after leaving the hospital. In some cases, what began as an emergency room visit can result in permanent disability or death.
At Diez-Arguelles & Tejedor, we investigate whether the care provided fell below the applicable standard of care and whether that failure caused additional harm.
Diez-Arguelles Tejedor stands up for patients and families affected by emergency room negligence. Our attorneys are committed to protecting your rights, investigating what went wrong, and helping you pursue the compensation you may be entitled to.
Call (407) 705-2880 to learn how we can help.
Emergency Room Mistakes Can Have Serious Consequences
Emergency departments see patients with everything from minor injuries to life-threatening conditions. The challenge is determining which symptoms require immediate attention and which diagnostic steps are necessary to identify a dangerous condition.
Potential examples of emergency room negligence include:
- Failing to recognize signs of a heart attack or stroke
- Delaying the diagnosis of sepsis or another serious infection
- Failing to order appropriate laboratory tests or imaging
- Misinterpreting or overlooking test results
- Failing to properly evaluate a patient's symptoms or medical history
- Failing to consult an appropriate specialist
- Failing to monitor a patient whose condition is changing
- Administering the wrong medication or an incorrect dosage
- Failing to provide appropriate treatment
- Discharging a patient who requires additional evaluation or treatment
- Failing to give appropriate discharge instructions or follow-up recommendations
Not every bad outcome means that negligence occurred. Florida law requires a medical negligence claim to establish that the healthcare provider breached the prevailing professional standard of care and that the breach caused the injury.
A Serious Diagnosis May Come After the ER Visit
Sometimes the significance of an emergency room error becomes apparent only after the patient is discharged and leaves.
A person may be discharged and later return to the hospital with a much more serious condition. Another physician may discover that an earlier test contained information that should have prompted additional treatment. A patient may learn that a condition that could have been treated earlier has progressed.
That does not automatically establish malpractice. But when the later diagnosis raises questions about what happened during the emergency room visit, the medical records can be critical in determining whether the care provided was appropriate.
What Happened During the Emergency Room Visit?
An ER malpractice investigation often requires looking closely at the sequence of events.
What symptoms did the patient report?
What did the triage staff record?
How long did the patient wait to be evaluated?
What did the physician and nurses observe?
What tests were ordered?
What did those tests show?
Were abnormal results recognized and addressed?
Was a specialist consulted when appropriate?
What treatment was provided?
Why was the patient discharged?
The answers may not be found in one place. They can be spread across nursing notes, physician records, medication records, laboratory results, radiology studies, vital signs, discharge instructions, and other documentation.
When a Delay Causes Additional Harm
In emergency medicine, timing can matter.
A patient may arrive with symptoms that initially appear nonspecific. The question in a medical negligence case is not simply whether the final diagnosis was difficult to make. It is whether a reasonably prudent provider, under the circumstances, should have recognized the possibility of a serious condition and taken appropriate steps to evaluate or treat it.
Florida law specifically recognizes that emergency medical services involve the immediate diagnosis and treatment of conditions that, if not promptly diagnosed and treated, could result in serious disability or death. Florida also has specific requirements concerning expert testimony in cases involving physicians providing emergency medical services in hospital emergency departments.
Some Emergency Room Cases Involve a Missed Diagnosis
Emergency room negligence can overlap with other medical malpractice claims.
For example, an emergency department may fail to recognize:
- A heart attack
- A stroke
- Sepsis
- Internal bleeding
- A serious infection
- Appendicitis
- A bowel obstruction
- A blood clot or pulmonary embolism
- A traumatic brain injury
- A spinal injury
- A vascular emergency
- Another condition requiring immediate treatment
For conditions such as heart attacks or cancer, we believe these deserve their own dedicated practice area pages. This page should focus on the emergency department's evaluation and response, rather than becoming a collection of every possible medical diagnosis.
Reviewing the Medical Evidence
Emergency room cases can be particularly dependent on the medical record.
Our attorneys review the available records and work with qualified medical professionals when appropriate to determine whether the care provided met the applicable standard.
That review can include:
- Emergency room records
- Triage documentation
- Vital signs
- Physician and nursing notes
- Laboratory results
- Radiology and imaging studies
- Medication records
- Discharge documentation
- Follow-up records
- Subsequent hospitalizations
- Other relevant medical records
The goal is not simply to identify something that went wrong. It is to understand what should have happened, what actually happened, and whether the difference caused additional injury.
When an Emergency Room Error Leads to Permanent Injury
A delay in diagnosis or treatment can sometimes leave a patient facing consequences that extend far beyond the original emergency room visit.
In serious cases, the harm may include permanent disability, brain or organ damage, loss of mobility, or the need for additional surgeries and long-term rehabilitation. Some patients may also experience chronic pain, emotional distress, and lasting changes to their ability to work or care for themselves.
These injuries can also create significant financial challenges. Medical expenses may continue to accumulate, while an injured person may be unable to return to work or may require ongoing assistance and care. The financial impact can extend for years.
When Emergency Room Negligence Causes a Death
Some emergency room negligence cases involve the death of a patient.
When a patient dies after a missed diagnosis, delayed treatment, inappropriate discharge, or another alleged medical error, the family may have questions that cannot be answered simply by looking at the final diagnosis.
A careful review of the medical records can help determine what happened and whether anything should have been done differently.
When medical negligence results in death, Florida's wrongful death laws may also become relevant.
Experience Matters in Medical Negligence Cases
Emergency room negligence cases require more than simply showing that a patient received a bad diagnosis or experienced a poor outcome.
They require understanding the medicine, the medical records, the applicable standard of care, and the connection between the alleged negligence and the injury.
Diez-Arguelles & Tejedor has represented patients and families in medical negligence cases involving serious injuries and death. Our attorneys work with qualified medical professionals and carefully examine the evidence to determine whether a viable claim exists.
Your Emergency Room Care Matters
You went to the emergency room because you needed medical attention.
If something important was overlooked, your condition was not properly evaluated, or you were sent home when additional care was necessary, you may be left wondering whether your injury could have been prevented.
You do not have to determine that on your own.
Diez-Arguelles & Tejedor investigates emergency room negligence claims involving serious injury and death.
Call 407-705-2880 to speak with our office about your situation.
Serving injured individuals and families throughout Orlando and across Florida. Call Diez-Arguelles & Tejedor at 1-888-888-3773 to discuss your legal options in a free consultation.
Frequently Asked Questions
Emergency room negligence occurs when the care provided by a healthcare provider falls below the applicable professional standard of care and causes injury or death. It can involve problems with evaluation, diagnosis, treatment, monitoring, or discharge.
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