Practice Areas Medical Malpractice Emergency Room Errors

Knowledgeable Medical Malpractice Attorneys Assisting Residents of Boca Raton and Beyond

The emergency room is one of the last places where you hope to find yourself. When this kind of medical care and attention is needed, there is usually a severe health issue that may have a devastating or fatal outcome if it is not addressed in a timely fashion. While medical professionals are required to treat patients with a certain level of care, the fast-paced, crowded, and stressful nature of emergency rooms may lead to catastrophic errors on the part of medical professionals who work in this environment. At The Grife Law Firm, our Boca Raton medical malpractice lawyers can handle emergency room error cases on behalf of injured South Florida residents.

We have served as lead counsel in multi-million dollar litigation on behalf of injured patients. Our team understands just how painful and frustrating it is to be harmed because a health care provider failed to take the proper steps in treating you.

Bringing a Medical Malpractice Claim in Florida

Unlike some other states, Florida has very strict rules regarding what a victim must do before they may file a medical malpractice claim. This process is defined by statute and is known as the pre-screening process. Pursuant to Florida Statutes Annotated section 766.106, a victim of an alleged medical malpractice incident must obtain certain information and documents before proceeding with filing a lawsuit.

First, the victim must seek the opinion of a medical professional who practices in the same field and specialty as the potential defendant. The victim must obtain an affidavit from this expert, stating that they believe that the potential defendant treated the plaintiff in a negligent manner. Once the plaintiff has gathered this information, they must provide it to the potential defendant as notice of the impending lawsuit. Then, if the defendant does not respond with a denial, the matter will proceed to litigation. If either party wishes, they may ask the court to examine whether the other party had a reasonable basis for issuing the notice or its denial in response to the notice.

Establishing Negligence in an Emergency Room Error Lawsuit

If the matter proceeds to trial, the plaintiff must prove that the medical professionals who rendered treatment at the emergency room failed to provide the appropriate level of care. In general, medical professionals must act with the same care and skill as another competent medical professional with similar training in the same area of practice. Some examples of common emergency room errors include failing to adequately evaluate a patient, failing to respond in a timely manner to a patient, failing to provide a timely and accurate diagnosis, failing to call in appropriate medical and surgical consults, failing to order the appropriate tests, or failing to obtain test results in a timely manner.

After showing that the treating physicians or other medical professionals (such as nurses) failed to provide appropriate care, the plaintiff must demonstrate that this failure was the cause of their injuries. This usually requires testimony from an expert witness. According to Florida law, an expert witness must be a licensed medical provider and must complete a thorough review of the key medical records before being authorized to testify, among other requirements. Finally, the plaintiff will need to provide evidence substantiating the amount of compensation that they are seeking in the lawsuit, including missed wages, future medical care, and pain and suffering.