Emergency Room Malpractice Lawyer

When someone in Michigan visits an emergency room, they expect quick, competent care during one of the most stressful moments of their life. Unfortunately, mistakes sometimes happen in emergency departments that lead to serious injuries or the loss of a loved one. When a doctor, nurse, or hospital staff member acts carelessly and causes harm, patients and families have the right to hold them accountable.

An emergency room malpractice lawyer can help pursue a legal claim that seeks to recover financial losses and acknowledge the harm caused by medical negligence.

Goodman Acker PC represents individuals and families who have suffered because of preventable medical errors in emergency rooms throughout Michigan. Our attorneys understand how devastating it is when a trusted healthcare provider fails to meet accepted medical standards. We handle every aspect of your claim so you can focus on recovery and rebuilding your life.

Contact our team for a free consultation about your case.

Key Takeaways: Emergency Room Malpractice in MI

• Emergency room malpractice happens when a healthcare provider’s negligence causes harm during urgent medical treatment.
• Michigan law requires patients to show that a provider violated the accepted standard of care.
• Several parties may share liability, including doctors, nurses, and hospitals.
• Michigan has specific rules for medical malpractice claims, including deadlines and documentation requirements.
• Legal representation helps build a strong claim by gathering evidence, consulting medical professionals, and negotiating fair settlements.

What Is Emergency Room Malpractice?

Medical malpractice occurs when a healthcare provider fails to act with the same care and skill that another qualified provider would use in similar circumstances. In an emergency setting, this means doctors and nurses must still meet professional standards even when treating patients under pressure.

Key terms explained:

• Medical malpractice: A situation where a provider’s action or inaction causes harm that could have been avoided.
• Negligence: Failure to use reasonable care, such as ignoring symptoms or skipping tests.
• Standard of care: The level of treatment that a competent provider would deliver in the same situation.
• Duty of care: The provider’s responsibility to treat patients according to accepted medical standards.

The Standard of Care in Michigan Emergency Rooms

Michigan law expects healthcare professionals to meet the accepted standard of care within their field. This standard doesn’t change simply because a situation is urgent. Emergency doctors and nurses must still follow medical protocols, communicate effectively, and act in a timely and accurate manner.

Common Types of ER Malpractice

Common errors in emergency rooms include:

• Misreading test results or failing to order necessary diagnostic imaging.
• Administering the wrong medication or incorrect dosage.
• Discharging a patient too soon.
• Failing to consult with specialists when needed.

Each of these errors can result in serious harm, from untreated heart attacks and strokes to internal injuries or infections that worsen without proper care.

What Are the Most Common Examples of Emergency Room Errors?

Emergency rooms handle thousands of patients each year in Michigan, often under pressure. Even so, patients should receive safe, attentive care. When that doesn’t happen, the results can be severe.

Misdiagnosis and Delayed Diagnosis

A misdiagnosis occurs when a provider identifies the wrong condition. A delayed diagnosis happens when the correct condition isn’t recognized in time. Both can lead to worsening illness or preventable death. For example, confusing a heart attack with indigestion or ignoring signs of a stroke may cost precious time needed for effective treatment.

Medication Errors

These mistakes happen when medical staff give the wrong drug, incorrect dosage, or administer a medication to the wrong patient. Poor communication or lack of chart review often plays a role. Medication errors may cause allergic reactions, overdoses, or dangerous interactions.

Failure to Order Necessary Tests

Doctors sometimes skip tests that could confirm or rule out serious conditions. When a provider doesn’t order an X-ray, CT scan, or blood test, they may miss internal injuries or infections that later become life-threatening.

Premature Discharge

Some hospitals release patients before confirming that they’re stable. Discharging someone with ongoing symptoms or undiagnosed conditions can lead to serious complications once they return home.

Surgical Errors in Emergency Procedures

Emergency surgeries require precision and coordination. Mistakes such as operating on the wrong site, leaving surgical instruments inside the body, or failing to control bleeding can lead to infection or death.

Who Can Be Held Liable for Emergency Room Malpractice?

Several individuals and entities may share legal responsibility when an error occurs in an emergency department. Identifying all responsible parties ensures the claim reflects the full scope of negligence.

Emergency Room Physicians

Doctors in the ER make quick decisions under pressure. However, they remain accountable for diagnosing and treating patients properly. Misreading symptoms or test results, or failing to order further evaluation, may make them liable.

Nurses and Medical Staff

Nurses often serve as the first point of contact for patients. They record vital signs, administer medications, and monitor changes. When they fail to follow instructions, document accurately, or communicate with doctors, they may also be held responsible for resulting harm.

Hospital Liability in Michigan

Hospitals may bear liability if they hire unqualified staff, fail to supervise employees, or allow unsafe policies that contribute to medical errors. Michigan law allows patients to bring claims against healthcare facilities whose actions or systems directly lead to injuries.

Specialist Consultants

Sometimes, ER doctors consult with specialists such as cardiologists or surgeons. If these specialists provide incorrect advice or overlook signs of a serious condition, they may share responsibility for the outcome.

What Does Michigan Law Say About Emergency Room Malpractice?

Michigan has specific rules that govern medical malpractice claims. Understanding these requirements helps patients pursue justice effectively.

Michigan’s Medical Malpractice Act

This law defines what qualifies as malpractice and outlines how injured patients can bring claims. It requires proof that a healthcare provider failed to meet accepted medical standards and that this failure caused measurable harm.

The Emergency Medical Treatment and Labor Act (EMTALA)

Federal law requires hospitals with emergency departments to provide stabilizing treatment to anyone who comes for care, regardless of their ability to pay. If a hospital refuses treatment or transfers a patient without stabilizing them, it may violate EMTALA and Michigan law.

Statute of Limitations for ER Malpractice Claims in Michigan

Michigan generally gives injured patients two years from the date of the malpractice to file a lawsuit. In some cases, the clock starts when the injury is discovered. Missing this deadline usually means losing the right to pursue a claim.

Affidavit of Merit Requirements

Before filing a malpractice lawsuit, Michigan requires an affidavit from a qualified healthcare professional stating that the claim has merit. This document supports the patient’s case by confirming that the provider’s actions likely fell below the accepted standard of care.

How Do You Prove Emergency Room Malpractice in Michigan?

Proving medical malpractice involves demonstrating that a provider’s negligence directly caused harm. Due to the complexities involved, you need an experienced attorney to gather evidence, submit required documents on time, and fight for your right to a recovery.

Establishing the Doctor-Patient Relationship

A malpractice claim requires proof that a formal relationship existed between the patient and the provider. This can include medical records, admission forms, or billing statements showing that the provider was responsible for the patient’s care. An attorney can gather and organize this evidence to clearly demonstrate that the provider had a legal duty to treat you according to professional standards.

Demonstrating Breach of Standard of Care

Next, the patient must show that the provider’s actions fell below accepted standards. Expert medical testimony often helps establish what a competent provider would have done differently in the same situation. An attorney can identify qualified medical professionals to review your records and provide testimony supporting how the provider’s care failed to meet Michigan’s required standard.

Proving Causation

It isn’t enough to show that the provider made a mistake; the error must have directly caused the injury. For instance, if a delayed diagnosis allowed an infection to spread, that link forms the foundation of the claim. An attorney can connect the medical and factual evidence to show how the provider’s negligence directly led to your harm.

Documenting Damages

Patients must present evidence of harm, which may include medical bills, lost wages, ongoing treatment costs, and the impact on daily life. Clear documentation strengthens the overall case. An attorney can calculate and present these losses in a way that accurately reflects their financial and personal impact on your life.

Damages Available in Michigan Emergency Room Malpractice Cases

When malpractice causes harm, the law allows patients and families to pursue financial recovery through different types of damages.

Economic Damages

These cover measurable financial losses such as hospital bills, rehabilitation costs, lost income, and future medical expenses. Keeping detailed records helps calculate these costs accurately.

Non-Economic Damages

Non-economic damages address the personal impact of medical negligence, including pain, loss of independence, or the inability to participate in activities once enjoyed. These losses don’t have a fixed dollar amount but remain significant.

Michigan’s Cap on Non-Economic Damages

Michigan limits the amount that patients can recover for non-economic damages in medical malpractice cases. The cap changes each year based on inflation and the severity of the injury. While the limit restricts this portion of compensation, it doesn’t affect economic losses such as medical bills or lost wages.

Wrongful Death Damages

When malpractice results in death, Michigan law allows surviving family members to pursue compensation for funeral expenses, lost financial support, and loss of companionship. These claims help hold negligent providers accountable for preventable tragedies.

How Our Attorneys Can Help

Goodman Acker PC has helped Michigan families recover after preventable medical errors. Our team handles every stage of a malpractice case with care, attention, and respect for what our clients have endured.

Investigating Your Emergency Room Care

We gather medical records, interview witnesses, and review hospital protocols to uncover exactly what went wrong. Each detail helps build a clearer picture of the events that led to the injury.

Securing Expert Medical Testimony

We work with independent medical professionals who can explain how the provider’s actions deviated from accepted standards and how those actions caused harm. Their insights are crucial in proving negligence.

Navigating Michigan’s Complex Medical Malpractice Laws

Michigan’s legal requirements for malpractice cases are detailed and technical. Our attorneys ensure that every document, deadline, and procedural step is completed accurately so that your case proceeds smoothly.

Negotiating with Insurance Companies

Insurance companies often attempt to minimize payouts by questioning the cause of injury or the extent of damages. We hold them accountable by presenting strong evidence and demanding fair compensation that reflects your losses.

Representing You in Court

If the at-fault parties refuse to take responsibility, we’re prepared to present your case before a judge or jury. Our attorneys approach every case with thorough preparation and a commitment to securing meaningful outcomes for our clients.

Frequently Asked Questions About ER Malpractice Claims

What qualifies as emergency room malpractice?

Emergency room malpractice happens when a healthcare provider’s careless action or inaction causes harm that another qualified professional would have avoided under similar circumstances.

Can I sue both the hospital and the doctor?

Yes. If the hospital’s policies or staffing contributed to the error, or if multiple providers were involved, each party may share liability.

What if the patient died because of emergency room malpractice?

Family members may pursue a wrongful death claim to seek financial recovery for funeral costs, lost income, and other damages related to the death.

Do I need an attorney to file a claim?

Malpractice cases involve technical legal and medical evidence. Having an attorney increases the likelihood of a strong, well-supported case. An attorney can also push back against insurers reducing or denying your claim and greatly improve your odds of obtaining maximum compensation.

Contact Our Michigan Medical Malpractice Lawyers Now

Michigan law gives injured patients a limited window to take legal action after emergency room malpractice. Acting quickly protects your right to pursue compensation and helps preserve important evidence.

Goodman Acker PC has decades of experience handling complex medical negligence cases and guiding clients through every step of the process with care and compassion.

If you or a loved one suffered harm due to emergency room negligence, call us now at (248) 831-1507 for a free, no-obligation case evaluation today. Our attorneys will review your situation, explain your legal options, and help you take the next steps toward holding the responsible parties accountable.

LEGALLY REVIEWED BY J. SCOTT FANZINI

J. Scott Fanzini graduated from law school in the top ten percent of his class. He has been the lead attorney on numerous high-exposure cases tried before a jury in both Michigan and Indiana. Scott advises individuals and businesses involved in complex legal disputes, including in professional liability matters such as medical and legal malpractice, first- and third-party liability matters, catastrophic claims, business litigation, and appeals.
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