Free case review with a malpractice lawyer. Call 412-802-6666, text 412-855-5511, or send us a message.
One medical emergency should never lead to another. We are grateful for emergency rooms and the people who staff them. But ERs are busy, stressful and often understaffed, and serious mistakes still happen.
Emergency physicians are held to the standard of care of a reasonably careful emergency physician. A busy shift does not change that.
Common ER Mistakes
- Sending a patient home too soon, without an accurate diagnosis
- Triage errors that leave a seriously ill patient waiting
- Missing a stroke, heart attack, sepsis, blood clot or internal bleeding
- Failing to order the right tests or imaging
- Failing to call in a specialist
- Medication errors
Triage: Where Many Cases Begin
The first step in the ER is triage, usually performed by a nurse, to decide how urgently each patient needs care. If a patient is wrongly labeled as low priority, the wait that follows can turn a treatable condition into permanent harm. We have handled cases where mistakes in the initial triage caused our clients greater harm.
The Premature Discharge
One of the most common ER mistakes is discharging a patient without correctly identifying the problem. Being in an emergency room does not lessen a doctor’s duty to consider all reasonable diagnoses, and that can include ordering x-rays, CT scans or MRIs, or referring the patient to a specialist. We have seen too many patients sent home with a serious condition that was never worked up.
Your Right to Emergency Care
A federal law, the Emergency Medical Treatment and Labor Act (EMTALA), requires hospitals with emergency departments that participate in Medicare to provide an appropriate medical screening exam, and to stabilize an emergency condition or arrange an appropriate transfer, regardless of a patient’s ability to pay.
Pennsylvania Rules You Should Know
- Two-year deadline. A malpractice suit generally must be filed within two years of when the patient knew, or reasonably should have known, of the injury and its cause. Special rules can apply to children and to deaths. Do not wait to get advice.
- Certificate of Merit. Your lawyer must certify that a qualified medical professional reviewed the case and found the care likely fell below accepted standards and caused the harm. It is filed with the complaint or within 60 days after.
- Expert testimony is required. The expert generally must practice in the same or a substantially similar specialty as the provider being sued.
- No cap on compensatory damages. Pennsylvania does not limit what a jury can award for medical expenses, lost earnings, and pain and suffering.
Related Cases We Handle
Talk to a Malpractice Lawyer
Every case starts with a conversation with a lawyer, not an intake clerk. If the facts and injuries support a closer look, we have the medical records reviewed by an appropriate physician before you commit to anything. Our medical malpractice cases are handled by Noah Fardo and Bill Rogel.
Call 412-802-6666 or email Managing Partner Noah Fardo at npf@pghfirm.com. Prefer to text? Use 412-855-5511. More answers: Medical Malpractice FAQ.
There is no fee unless we obtain a monetary recovery. We advance the case costs and are reimbursed from the client’s share only if we are successful. General information only, not legal advice. Past results do not guarantee a similar outcome.
