Emergency Room and ER Physician Malpractice

Medical Malpractice Claims for Hospital Emergency Room Errors

Medical mistakes happen more frequently in emergency rooms than any other medical setting. Although one reason for this is the frantic pace of ERs and the wide range of medical conditions evaluated in this setting, other institutional factors affect the care provided in hospital emergency rooms.

Approximately 60 percent of emergency room mistakes are a result of human error. This sometimes occurs because emergency rooms often are staffed with part-time healthcare providers who lack the experience or training to work in an ER. Decisions must be made quickly and under pressure and this relies on sound decision-making from the doctors, nurses and other healthcare professionals.

Other mistakes are attributed to organizational issues that go beyond the frontline workers and reflect corporate failures.

Arizona Courts Apply Heightened Burden of Proof for Emergency Room Lawsuits

Arizona law makes it more difficult to pursue a medical malpractice action against an emergency room or ER physician than other malpractice lawsuits.

In most medical medical malpractice cases, the patient or patient’s family need only prove the claim by a “preponderance of the evidence.” In lay terms, this means they must demonstrate that malpractice was more likely to have occurred than not. With respect to ER care, a patient must prove the malpractice by “clear and convincing evidence.” This represents a higher burden of proof.

We understand the special complexities of medicine and law that apply to medical malpractice cases against ER providers. We have the best experts to evaluate and prove claims where a patient was harmed due to care at an emergency room that fell below the standard of care. We also have the resources to stand toe-to-toe with the largest healthcare providers and insurance companies.

Please call or email us for a confidential, no-obligation consultation about your medical malpractice matter. Our experienced staff of medical malpractice lawyers are ready to help you now, regardless of where you live.

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