The emergency room is often the first line of defense for patients with severe injuries or life-threatening medical conditions. Yet many individuals experience long emergency room wait times that can compromise patient care and, in some circumstances, lead to dire consequences. Some emergency room delays are unavoidable, but when systemic problems cause unnecessary delays in emergency room treatment, individual physicians and the institution as a whole may be liable for medical malpractice.
Emergency room delays occur when patients experience extended wait times before being placed in a treatment room or receiving care from a medical provider. But not every delay in treatment constitutes medical malpractice.
There are no published guidelines that determine a reasonable time frame for addressing and treating the various complaints with which emergency room patients may present. In emergency medicine, medical staff perform “triage” — the process of sorting patients according to medical urgency rather than order of arrival.
To build a successful case for medical malpractice, the injured patient must show that emergency medical providers failed to meet the accepted standard of care and that earlier intervention would have changed the patient’s outcome.
Under the federal Emergency Medical Treatment and Active Labor Act (EMTALA) and applicable state laws, emergency rooms have a duty to provide patients with timely medical care. This means triaging effectively, executing appropriate medical interventions in time-sensitive situations like heart attacks or strokes, and identifying and ruling out threats to life before discharging or admitting a patient.
If an emergency room patient’s medical condition worsens due to an unreasonable delay, the physician and the hospital may be liable.
Emergency room delays can happen for a variety of reasons. Some are unavoidable, while others are preventable.
Overcrowding occurs when the number of emergency room patients exceeds the emergency room’s treatment capacity. In these situations, emergency room nurses must perform triage, deciding which patients need to be treated first.
Ineffective triage occurs when emergency room staff fail to properly prioritize patients according to level of urgency. Examples include mistaking chest pains in a younger adult as anxiety instead of symptoms of a heart attack, or dismissing symptoms of a stroke as fatigue.
Understaffing occurs when an emergency room lacks the number of physicians, nurses, technicians, and other staff members necessary to provide effective and appropriate patient care. This can include both a lack of raw numbers (i.e., there are not enough medical professionals to treat the number of patients) as well as expertise shortfalls in which the emergency room staff lacks the specialized knowledge required to address rapid patient deterioration.
Delays in ordering lab work, imaging, or specialist consultations are among the most common and preventable forms of emergency room delays.
Miscommunication between medical staff is a common cause of emergency room delays. Failure to share information or follow up on test results can lead to delays in treatment.
Some emergency room delays are caused by administrative decisions that prioritize profits over people and can lead to patient injuries.
Delays in emergency room treatment can have serious, sometimes permanent consequences.
Delayed medical treatment occurs when an unreasonable gap exists between the time a patient seeks medical care and when they actually receive the proper evaluation and treatment. Some delays are unavoidable. But delays caused by systemic failures, poor communication, misdiagnosis, or outright disregard may constitute medical malpractice.
If you were injured or a loved one was killed because of delayed emergency room treatment, you and your family may be entitled to compensation for:
Claims for medical malpractice are among the most complex and contentious lawsuits brought in the American legal system. Success requires representation from an experienced medical malpractice attorney with the resources and expertise to gather and analyze complex medical evidence and present it in a compelling way. The Fraser Law Firm has extensive experience handling complex medical malpractice claims in Oregon, Washington, and Idaho.
The Fraser Law Firm proudly serves clients in Oregon, Washington, and Idaho, helping individuals and families who suffered because of emergency room negligence secure the maximum monetary recovery to which they are entitled. Contact the Fraser Law Firm today to schedule a free consultation and learn how we can help.
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