Emergency Room Errors

If you’re having a medical emergency in Westchester County, you may head to Westchester Medical Center, the only Level 1 Trauma Center in Hudson Valley, or to Maria Fareri Children’s Hospital if your child needs to head to our region’s Level 1 Pediatric Trauma Center.

When you do need to head to an emergency room, you’re probably in a vulnerable situation. You may be scared or have serious symptoms. You expect fast, accurate diagnosis and help when you need it. However, that does not always happen.

If you or someone you love was harmed because of an ER mistake in New York, you may have the right to pursue compensation through a medical malpractice claim. The Law Office of Mark A. Siesel works with patients and families throughout Westchester County and surrounding communities who have suffered because of negligent medical care.

Why Emergency Room Errors Happen

Emergency rooms are busy places. The fast pace and high volume of patients can mean that decisions need to be made quickly. In some cases, even the processes in place can lead to mistakes and injuries.

The environment in an ER is also filled with distractions and residents, doctors, nurses, and other professionals are sometimes working 8-12 hour shifts, which can make fatigue a factor.

Waiting times in emergency departments are also on the rise, with about 24% of patients across the country facing wait times of over four hours. This represents a serious problem, because long wait times can mean potentially deadly delays in care.

While emergency medicine can be challenging, hospitals still have a duty to provide competent care. Patients should not suffer because a provider failed to follow accepted medical standards.

The Impact of Emergency Room Errors

An emergency room mistake can affect every aspect of your life. In some situations, delays or errors in treatment may allow a serious medical condition to worsen dramatically. Tragically, in some cases, patients have died because they were misdiagnosed or triaged incorrectly and were either released home or were not given care in time. In other cases, an ER error can cause new injuries.

ER malpractice may result in:

• Permanent disability
• Brain damage
• Heart damage
• Organ failure
• Severe infections
• Loss of mobility
• Chronic pain
• Emotional trauma
• Additional surgeries or medical procedures
• Wrongful death

Many victims of mistakes also feel trauma and may even have a hard time trusting the health system after their encounter, which can affect future care. Victims can also face lost time at work, high medical bills, and other challenges.

How to Advocate for Yourself in an ER

Taking an active role in your care can sometimes help reduce the risk of mistakes. However, it’s difficult to think about preventing mistakes when you’re facing a medical emergency that takes you to the ER.

If possible, consider writing down your symptoms and medical details, to keep the information clear for staff. Bringing a friend or family member can also help. They can write down what is said and represent you if you’re too ill or injured to communicate with staff.  Return to the ER or seek additional care if symptoms worsen.

Even when patients do everything right, however, negligence can still occur. When a medical provider fails to meet accepted standards of care, they may be legally responsible for the harm they cause.

Common Types of ER Errors

Emergency room malpractice can take many forms. Some of the most common ER errors include:

• Misdiagnosis or delayed diagnosis: One of the leading causes of ER malpractice claims involves failing to correctly diagnose a serious condition, such as a heart attack, stroke, sepsis, blood clots, appendicitis, and other conditions. In many cases, these are very time-sensitive issues, so any delays in care can be life-threatening.
• Medication errors: Whether it’s the wrong medication administered or the wrong dose, these errors can lead to severe complications, allergic reactions, or overdose injuries.
• Failure to order appropriate tests: Doctors may fail to order imaging studies, blood work, or other diagnostic testing necessary to identify a dangerous condition. In some cases, providers order tests but fail to properly review or communicate the results.
• Triage errors: When you first arrive at the ER, you should be evaluated to determine how urgent your situation is. If you are incorrectly treated at the start, you could be waiting a long time for care. In the case of heart attacks, brain aneurysms, and other serious conditions, delays in treatment can be fatal.
• Premature discharge: Some patients are discharged before their condition has been adequately evaluated or stabilized. Sending a patient home too early may result in worsening illness or death.
• Failure to monitor patients: Emergency room staff are responsible for observing patients and responding to signs of deterioration. Failing to recognize worsening symptoms can delay lifesaving intervention.

How to Know Whether Your Event Was Malpractice

Not every poor medical outcome is considered malpractice. Emergency medicine involves complex situations, and some illnesses or injuries are difficult to treat even with proper care.

However, you may have a valid malpractice claim if a healthcare provider failed to meet accepted medical standards and that failure caused an injury or harm. In many situations, these cases hinge on whether another competent provider likely would have acted differently in your situation.

Honestly, it’s often not easy to tell whether your situation was caused by negligence without a thorough investigation. Determining whether malpractice occurred often requires a detailed review of medical records and expert analysis.

At The Law Office of Mark A. Siesel, we work with medical experts to investigate emergency room negligence claims and determine whether providers failed to deliver appropriate care. Our network of experts allows our team to evaluate your situation and gives us access to expert witnesses who can speak about what happened at trial or in negotiations.

When to Call a Lawyer

You should consider speaking with an attorney as soon as possible if you visited the ER and suspect that your negative medical outcome was caused by negligence. This may be the case if:

• Your condition worsened after an ER visit.
• You were sent home and later diagnosed with a serious condition.
• A loved one died after emergency treatment.
• You experienced severe complications following ER care.
• You believe test results or symptoms were ignored.
• Another doctor later told you the ER missed something important.

Medical malpractice claims in New York are highly complex and time-sensitive. Hospitals and insurance companies often aggressively defend these cases. Having an experienced attorney review your situation can help you understand your legal options and preserve important evidence.

FAQs

Contact Us

If you believe you or a loved one suffered harm because of an emergency room error in Westchester County or elsewhere in New York, contact The Law Office of Mark A. Siesel for a consultation. Our firm can review your situation, explain your legal rights, and help determine whether negligent emergency medical care contributed to your injuries.

At The Law Office of Mark A. Siesel, we take on a limited caseload, to ensure we can provide you with direct, individual attention and can give adequate care to your case. When you reach out, we reply quickly—typically within 24 business hours.

Contact The Law Office of Mark A. Siesel today to schedule a consultation.