San Antonio Emergency Room Negligence Attorney
ER Errors & Negligence in Texas
Emergency rooms are high-pressure settings in which medical providers must make quick decisions and take immediate action to address a range of serious medical needs. Because of this, ER nurses and doctors are held to a different standard of care than medical providers in less-intense situations. However, they are still required to provide patients with an acceptable level of care.
If you were injured or if someone you love died due to an emergency room doctor’s mistake or general ER negligence, Maloney Law Group, P.L.L.C. can help. In Texas, victims of ER errors are permitted to bring negligence claims against individual staff members and hospitals, depending on the various unique circumstances involved. Our San Antonio emergency room negligence attorneys can help you understand your legal options and assist you in seeking fair financial compensation for your damages.
What Constitutes Emergency Room Negligence?
The standard of proof in emergency room negligence cases is very high. As the injured party (known as the “plaintiff”), you have the burden of proof, meaning you must demonstrate that an emergency department failed to provide an acceptable standard of care. However, ER negligence cases go beyond the normal requirements for proving negligence in medical malpractice lawsuits.
In Texas, ER negligence cases must involve “willful and wanton negligence” that deviates from the typical standard of care that one could reasonably expect another qualified medical provider in the same or similar setting to provide. In other words, you must prove that the emergency room where you received treatment acted with willful and wanton negligence that fell outside the acceptable standard of care for emergency departments, specifically. You must also prove that you suffered a severe injury or that your loved one died because of the ER’s willful and wanton negligence.
Examples of situations that may constitute ER negligence include:
- Failure to order proper diagnostic tests
- Failure to properly respond to a patient’s symptoms
- Medication mistakes, such as over- or under-dose
- Failure to diagnose/treat a heart attack
- IV mistakes, including improper insertion
- Intubation errors
- Dropping patients/patient falls
- Misdiagnosis, leading to early discharge
- Refusing to treat a patient who does not have health insurance
- Failure to diagnose/treat arterial embolism, leading to amputation
It’s important to note that the court will likely examine several key factors surrounding your case, including whether there was an existing patient-provider relationship, whether the treating ER provider had the patient’s medical history (or was able to obtain it), and the circumstances surrounding the emergency.
Exceptions to ER Protections
Generally speaking, emergency room personnel and departments are largely protected by legal statutes that consider the various factors involved, meaning it can be very difficult to bring a claim against an ER or ER doctor. However, there are some notable exceptions to these protections.
In most cases, ER protections are not relevant when an error or act of negligence occurs after the patient is stabilized and could potentially receive non-emergency treatment. Additionally, when the emergency results from the actions of the treating medical provider or when the negligence is not related to the initial medical emergency, ER protections do not usually come into play.
In such cases, the injured individual or the surviving family members of a deceased victim would bring a standard medical malpractice claim. The same requirements to bring a claim would apply, but the liable party would not be able to use emergency room negligence protections in its defense.
How an Attorney Can Help
All medical negligence cases are extremely complex, but emergency room error claims are especially so. If you believe you or someone you love received substandard care in an emergency department, leading to serious injury or death, it is critical that you put an experienced legal team on your side.
At Maloney Law Group, P.L.L.C., our San Antonio emergency room lawyers not only understand the law but also know how it applies to your unique case. We work with a team of expert witnesses, medical professionals, economists, and other specialists to build powerful claims for our clients. We also work to gather all applicable evidence, such as medical records for additional treatment, and aggressively negotiate with healthcare insurance providers and their defense teams. When a favorable settlement cannot be reached, we are fully prepared to represent you at trial.
We understand the devastating experience you have been through, as well as the numerous challenges that lay ahead. When you trust your case to Maloney Law Group, P.L.L.C., you can rest assured that you will receive the personal attention, respect, and compassion you deserve. We are here to assist you from start to finish, answering all your questions and providing consistent updates on the status of your case.
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At Maloney Law Group, P.L.L.C., we are driven by a desire to help people navigate some of the most difficult times in their lives and come out the other side. We are equipped to handle the most complex of cases and have earned a reputation for aggressive, relentless advocacy. We have been proudly serving the San Antonio area for more than 60 years and have become one of the most trusted personal injury law firms in Bexar County.
Birth Injury $7,000,000
Birth injury involving hypoxic ischemic encephalopathy (2020) Contingency Fee: $2,800,000 Reimbursable Expenses: $75,578 Net to Client: $4,124,421
Birth Injury $5,750,000
Involving hypoxic-ischemic encephalopathy (2014) Contingency Fee: $1,786,738.72 Reimbursable Expenses: $170,000.00 Net to Client: $3,396,261.28
Head-on Collision $5,000,000
With an 18-wheeler causing serious injury and death (2008) Contingency Fee: $1,799,990.00 Reimbursable Expenses: $150,000.00 Net to Client: $2,581,834,89
Carbon Monoxide Leak $4,290,000
Exposed the crew to harmful gasses (2006) Contingency Fee: $1,716,000.00 Case Expenses: $100,000 Net to Client: $2,474,000.00
Construction Accident Death $3,600,000
Due to dangerous work conditions (2015) Contingency Fee: $1,440,000.00 Case Expenses: $125,000.00 Net to Client: $2,035,000.00
Trucking Accident $3,000,000
Trucking accident resulting in death (2015) Contingency Fees: $1,000,000.00 Case Expenses: $93,455.68 Net to Client $1,906,544.32
Failure To Diagnose $1,820,000
Failure to diagnose ruptured brain aneurysm in the Emergency Department resulting in serious injury (2020) Contingency fee: $712,090.00 Reimbursable expenses: $157.285.61 Net to client: $950,624.39
Back Surgery Resulting in Paralysis $1,600,000
Back surgery resulting in paralysis (2014) Contingency Fee: $640,000.00 Case Expenses: $170,000.00 Net to Client: $790,000.00
Ceiling Collapse $1,450,000
Ceiling collapse at a construction site resulting in injuries (2012) Contingency Fee: $438,476.26 Case Expenses: $26,952.51 Net to Client: $984,571.23
Failure To Diagnose $1,370,000
Failure to diagnose and treat a necrotizing infection resulting in death (2019) Contingency Fee: $548,000.00 Reimbursable expenses: $165,301.67 Net to client: $656,698.33
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