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Large hospitals can care for thousands of patients each day. The hospital and emergency room staff are sometimes inundated with more patients than they can handle, but there is still a requirement to give each patient that comes through the door the proper care and attention they deserve – and if they actually take on the patient and work to help them, they are required to give even more precise and skilled care.
If you or a loved one faced medical malpractice because of decisions or mistakes at the hospital or in the emergency department, you may be entitled to sue the hospital for financial compensation. For a free legal consultation on your potential lawsuit, call The Queenan Law Firm to speak with our Arlington, TX attorney for emergency room and hospital mistakes. Our phone number is (817) 476-1797.
Common Injuries and Mistakes in Hospitals and ERs
Patients typically enter a hospital for care because of a referral from their doctor to get surgery or undergo a procedure, or they enter the hospital through the emergency department because of an injury or emergency medical condition. Even from the first encounter, the hospital could commit serious errors – and as the care goes on, there are potential mistakes and problems the patient could face that are detrimental to their health and their recovery.
Failure to Treat
If you are turned away from a hospital, you may be entitled to sue them. Before the doctor-patient relationship is even formed, the hospital does have some requirements to treat you and examine you before sending you on your way. If they turn you away, they could face liability for any worsened conditions you face. For example, if you think you are having a heart attack, but you are turned away and then actually have a heart attack, the hospital could be responsible for your worsened condition.
Triage Mistakes
Once you enter an emergency department, you may need to wait if there are patients with more severe conditions. However, nursing staff and doctors in the ER could make mistakes and misinterpret the severity of your case, potentially making you wait too long for the care you need. The effects of this delay could justify a lawsuit against the hospital.
Other Injuries
Once you are admitted to the hospital, whether through the emergency room or through your doctor, you could face injuries and health conditions from the conditions in the hospital, such as the following:
- Infections from unclean or unsanitary conditions
- Injuries from slip and falls or other dangerous premises defects
- Injuries from negligent supervision or assistance (e.g., falling while getting out of bed)
- Worsened conditions from negligent supervision
- Injuries from drug interactions, overdoses, allergic reactions, or other examples of medication errors
- Bed sores
Suing the Doctor vs. Suing the Hospital
Many of these issues fall under the responsibilities of the hospital itself, not your doctor. In some cases, your doctor may be a private practitioner, in which case the hospital staff generally takes over some of these duties and takes responsibility for those errors – though your doctor may also share liability under some legal doctrines. If your doctor is a staff member at the hospital, the hospital may also be liable as the doctor’s employer.
Compensation for Hospital and ER Mistakes
If you did face serious injury or worsened conditions because of your mistreatment at a hospital or mistakes on the part of the hospital’s nurses and other staff members, you might be able to seek financial compensation from the hospital. The damages you can claim include any damages related to the injuries you faced.
One of the most common damages is additional medical expenses. If you were injured and required additional care because of the hospital’s errors, you should not have to pay one cent of those additional costs, and the hospital should compensate you for any care needs.
Moreover, additional hospitalization or injuries could mean missing more work. If you missed work because of the hospital’s errors or because ongoing conditions prevent you from working, you may be entitled to lost wages for the hospital’s share of the blame in reducing your pay.
In nearly any case involving physical illness or injuries, you could face substantial pain and suffering. In Texas, injury victims may claim pain and suffering damages in a medical malpractice or hospital negligence lawsuit, but there are typically caps that limit these damages.
In addition, you can commonly claim damages for any increased severity, lost opportunity, lost change, or reduced life expectancy this negligent treatment caused. Especially in the administration of cancer treatment and other high-risk procedures, mistakes could mean shortening your lifespan or quality of life going forward, and you should be entitled to seek compensation for these harms.
In many malpractice cases, the parties bringing the lawsuit are the surviving family of a deceased patient instead of the patient themselves. The damages you can claim for the wrongful death of a loved one are often substantial, and they can be a vital part of helping your family move forward, especially if the deceased was responsible for the family’s income.
Call Our Arlington, Texas Hospital Negligence and Emergency Department Error Lawyer for a Free Consultation
If you or a loved one faced injuries or negligent care at a hospital in Texas, call The Queenan Law Firm to set up a free legal consultation. It is often vital to work with an attorney on your medical negligence lawsuit because the hospital and their malpractice insurance company will typically use a strong legal team that works to shut down your claim and reduce the payout. You will need an equally sophisticated legal team on your side to help you understand what your case is worth and fight to get every penny you deserve for your injuries. For a free legal consultation on your case, call our Arlington hospital and ER mistakes lawyers today at (817) 476-1797.