The emergency room is undoubtedly a hectic environment. Doctors, nurses, and other medical professionals are often under extreme pressure to save lives—and most do so with admirable care, exercising the skill and training needed to save lives. Despite this, not all patients are so lucky. When doctors and other medical professionals are negligent in their ER duties, the patient may suffer more harm than good. If you or a loved one have been harmed by an emergency room error, you may have the right to financial compensation. Our New Jersey emergency room error lawyers at The Epstein Law Firm, P.A. will review your case for free to find options for protecting your rights. We put in the hard work needed to make the strongest, evidence-based claim for compensation under New Jersey’s medical malpractice laws.

Emergency room errors can significantly worsen the existing problem or be fatal. With over 120 years of collective experience, our lawyers have the legal skills and financial resources to successfully handle your claim.  To schedule a free initial consultation, call our office or fill out our online contact form.

Examples of Emergency Room Errors in New Jersey Hospitals

Emergency room errors can occur in even the most state-of-the-art emergency rooms in New Jersey.  ER doctors and medical professionals may fail to exercise proper judgment under pressure, may have insufficient training or the hospital itself may have failed to provide appropriate staffing.  

Examples of emergency room errors that may give patients the right to financial compensation include:

  • Misreading lab results, such as CT scans or EKG results
  • Medication errors, including administering the wrong type of prescription drug or the wrong dosage
  • Failure to take an appropriate patient history where possible, including getting information about pre-existing conditions and allergies
  • Failure to consult the appropriate medical specialist
  • Failure to recognize a patient’s symptoms, including signs of heart attack or stroke
  • Failure to admit a patient when called for
  • Failure to properly evaluate the patient, even in the face of time pressure
  • Delayed treatment, whether because of understaffing or failure to recognize the severity of the patient’s symptoms
  • Failure to monitor the patient while in the ER
  • Hospital-acquired infections
  • Communication failures
  • Administrative errors
  • Failure to obtain informed consent where possible

Emergency room error cases are different than other types of medical malpractice.  Under normal circumstances, failure to obtain a patient’s consent or get a proper medical history would amount to medical negligence.  In the ER setting, doctors and staff often must act to stabilize a patient without time for these precautions. However, emergency rooms are also required to have proper protocols in place to prevent errors whenever possible.

To constitute medical negligence, an emergency room error must have:

  • Been unreasonable under the circumstances, meaning that a reasonably trained, competent ER doctor or nurse would not have made the same mistake
  • Directly caused the patient to suffer additional harm, meaning that the patient’s bad outcome would not have resulted from proper care, and
  • Caused damages, whether in the form of increased medical bills, pain and suffering or a family’s loss of their loved one’s company or support

Given the hectic nature of the emergency room, determining who, precisely, was responsible for the error can be difficult.  Our lawyers will examine your medical records, interview ER staff and consult with medical experts to identify whose mistake caused you to suffer harm.

Skilled New Jersey Emergency Room Error Lawyers Committed to Winning Fair Compensation for Victims of Emergency Room Errors

Winning a medical malpractice lawsuit based on emergency room errors can be complex, but our emergency room malpractice attorneys in Rochelle Park, NJ have the skills needed to successfully resolve your case. Immediately after making a claim that a hospital’s emergency room staff made an error, the hospital will mobilize a team of defense lawyers to refute that claim.

At The Epstein Law Firm, P.A., our medical malpractice lawyers will conduct a full investigation.  That includes evaluating:

  • Whether the hospital had proper protocols in place to prevent errors
  • Whether the emergency room staff was properly screened, trained and supervised
  • Whether the ER was understaffed
  • Whether the doctors and nurses handling your case followed ER protocols
  • Did the doctor or nurse who was in charge of your care act unreasonably given the circumstances

If any of these questions are answered “yes”, our lawyers will then consult with medical experts.  Testimony from an expert in the medical field is necessary as a baseline for proceeding with any New Jersey medical malpractice case.  Expert testimony also provides important evidence about the type of care you should have received.

Contact Our Trusted New Jersey Emergency Room Error Lawyers to Discuss Options for Holding Hospitals Accountable for Your Emergency Room Error

It is common for patients to be unsure whether they were harmed by an emergency room error.  ER doctors and nurses are trained to refrain from admitting fault for a bad outcome. At The Epstein Law Firm, P.A., our medical malpractice lawyers evaluate your case for free so that you can understand your legal rights.

To speak with our emergency room malpractice attorneys in Rochelle Park, NJ, call or contact our office today. We can travel to the hospital or to your home if that is more convenient, or we can schedule a meeting in our offices. Our lawyers represent clients on a contingency basis, which means that we only get paid attorneys’ fees if we recover compensation in your emergency room error case.

Frequently Asked Questions About Emergency Room Errors

Why is timing so important if I was harmed because of an emergency room error? 

New Jersey medical malpractice law limits the time you have to file a lawsuit.  You have only two years from the date the error occurred or two years from the date when you reasonably discovered that you were harmed by an emergency room error.  Emergency rooms, however, are rapidly changing environments. The situation giving rise to the error may be corrected quickly after the error. Doctors and nurses may fail to take detailed notes because of time constraints—and witness’ memory can fade over time.  Getting legal help quickly often helps us build a case with stronger evidence, meaning that your claim can be resolved more effectively.

Who can be held responsible for emergency room errors?

While an insurance company will almost always pay your compensation award, whose insurance will apply depends upon how the error occurred.  If an ER doctor who was not a hospital employee was responsible, the doctor’s own malpractice insurance may apply. If a nurse, hospital employee or the hospital’s own procedures were the cause, the hospital’s insurance coverage will apply.


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An outstanding firm with excellent attorneys. If you need a representation, they are definitely the ones to contact.

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