Does Medical Malpractice Include ER Doctors and Nurses?

Posted in Firm NewsPersonal Injury and tagged by Ken Wilhelm

Medical malpracticeMedical malpractice is when a doctor, nurse, hospital or other medical professional is reckless or negligent in their care, resulting in injury to a patient. Medical professionals are trusted to provide a certain level of care to their patients and also treat patients efficiently and quickly. But do these same standards apply to medical professionals in emergency rooms? Doctors and nurses involved in emergency medical care are held to the same standards as other medical professionals when it comes to medical malpractice lawsuits. Just as surgeons train in their respective specialties, ER doctors are trained to perform effectively in emergency situations.
Although ER doctors and nurses are not given special treatment when it comes to medical malpractice claims, first responders sometimes are. First responders are those who first arrive at the scene and may start medical treatment on a patient. First responders include personnel such as firefighters, emergency medical technicians or EMTs, and other ambulance personnel. They are often protected by laws that were put in place to keep emergency services running without exposing government agencies to lawsuits. Although more protected than other medical professionals, first responders are not exempt from standards applied to other doctors and nurses. If a first responder does anything that qualifies as overtly careless or reckless, he or she can be held liable for the injuries or harm caused to the patient.
It is also important to know that in some cases, the hospitals themselves can be held responsible in a medical malpractice lawsuit involving ER doctors and nurses. In many cases, medical malpractice lawsuits against doctors do not apply to the hospital where the incident occurred because doctors often serve as independent contractors. In standard situations, the patient is made aware that their doctor is not employed by the hospital. But this is not the case with Emergency Room personnel. Even if the attending doctor is an independent contractor, the hospital may still be liable because it is likely that the patient was not informed of this fact. Also, in most emergency situations, the patient is not being taken to a specific doctor. In such cases, the hospital can be held liable if medical negligence occurs.
If you or a loved has been injured in New York due to medical negligence on the part of ER doctors or nurses, please call the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm at 1-800-WORK-4-YOU (1-800-967-5496). We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
Please visit our website: www.work4youlaw.com