Medical Malpractice in the Emergency Room: When Can (and Should) You File a Claim?

When you go to the emergency room, you expect to get the care you need. You expect hospital staff to triage your medical needs appropriately, and you expect your doctors and nurses to do what they can to help you recover as fully and quickly as possible.

Unfortunately, this doesn’t always happen.

As a result, many people who go to the emergency room end up needing to talk to a Florida medical malpractice attorney about their legal rights. While some medical mistakes in the emergency room setting are excused, patients and families can (and should) file medical malpractice claims in many cases. If you have questions about filing a claim for medical malpractice in a Florida emergency room, here is an overview of what you need to know:

The Applicable “Standard of Care” Varies in the Emergency Room

Filing a medical malpractice claim in Florida requires proof that your (or your loved one’s) healthcare provider failed to meet the requisite “standard of care.” In most cases, this standard of care is based on what other healthcare providers would do in similar circumstances. Under Section 766.102 of the Florida Statutes:

“In any action for recovery of damages based on . . . the negligence of a health care provider . . . the claimant shall have the burden of proving . . . a breach of the prevailing professional standard of care for that health care provider.  The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”

In other words, in most cases, if a healthcare provider makes a mistake that other healthcare providers would not have made under similar circumstances, then a medical malpractice claim may be warranted.

However, when a healthcare provider is providing emergency treatment, a different standard of care applies. Under Section 768.13 of the Florida Statutes:

“Any health care provider . . . providing emergency services pursuant to obligations imposed by [applicable law] shall not be held liable for any civil damages as a result of such medical care or treatment unless such damages result from providing, or failing to provide, medical care or treatment under circumstances demonstrating a reckless disregard for the consequences so as to affect the life or health of another.”

This means that when a healthcare provider is providing emergency treatment, the healthcare provider can only be held liable for medical malpractice if a mistake or oversight reflects “reckless disregard” for its consequences. This is a much lower standard than the ordinary standard of care. While this is intended to help ensure that healthcare providers do not feel like they have to second-guess themselves in emergency situations, it means that patients and families lose the ability to take legal action in some cases.

Crucially, however, the simple fact that a patient sought treatment in an emergency room does not necessarily mean that the patient received emergency care. There are legal standards for determining what constitutes emergency care and what does not. As a result, if you (or your loved one) received treatment in a Florida emergency room, you should not assume that the “reckless disregard” standard applies.

Furthermore, even if the “reckless disregard” standard does apply, you may still have grounds to file a claim. Just as there are legal standards for determining what constitutes emergency care, there are also legal standards for determining what constitutes recklessness. The unfortunate reality is that recklessness in the emergency room setting can—and does—take many forms; and, as a result, patients and their families will often still be able to pursue medical malpractice claims even when the “reckless disregard” standard applies.

Taking the First Steps Toward Filing a Medical Malpractice Claim

With all of this in mind, what should you do if you have questions about the quality of care you (or a loved one) received in a Florida emergency room? In this scenario, you should:

• Gather Your (or Your Loved One’s) Medical Records – If you have access to them, you should gather your (or your loved one’s) medical records from the emergency room visit and any subsequent treatment.
• Take Notes About Why You Suspect Medical Malpractice – You should also take notes about why you suspect medical malpractice. What makes you think that you (or your loved one) received substandard care?
• Avoid Making Assumptions – As we said above, you should not make any assumptions about the legal standard that applies under the specific circumstances of your case. This requires a thorough legal analysis.
• Avoid Letting the Hospital Reassure You That Everything is Fine – The hospital might try to convince you not to question the care you received. If this happens, you should not let the hospital reassure you that everything is fine.
• Talk to a Florida Medical Malpractice Attorney – Determining whether you have grounds to file a medical malpractice claim will involve discussing the circumstances surrounding your (or your loved one’s) care with an experienced Florida medical malpractice attorney.

While different standards apply in the emergency room in some cases, this should not influence your decision to speak with an attorney. Florida’s medical malpractice laws are complicated, and you owe it to yourself to ensure that you are making informed decisions. An experienced Florida medical malpractice attorney will be able to accurately assess your legal rights, and then your attorney will be able to promptly take legal action on your behalf if warranted.

Talk to a Florida Medical Malpractice Attorney at Searcy Denney for Free

Do you have questions about filing a medical malpractice claim related to care that you (or a loved one) received in a Florida emergency room? If so, we strongly encourage you to contact us right away. To speak with an experienced Florida medical malpractice attorney at Searcy Denney about your legal rights in confidence, call 800-780-8607 or request a free consultation online today.