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ER Malpractice Attorney in Illinois

ER Malpractice Attorney in Illinois

You trust medical staff to help you during an emergency room visit in a medical crisis, but sometimes, hospital staff make mistakes. A study published in 2019 suggests that about one in ten emergency department physicians give patients an incorrect differential diagnosis. Common emergency room errors include missed diagnoses, medication mistakes, and improper discharge.

If you have been a victim of emergency room negligence in Illinois, contact a medical malpractice lawyer with Nessler & Associates. We can review your medical records and work with medical experts to identify breaches in the standard of care you received from emergency room personnel.

Our emergency room error attorneys provide compassionate legal guidance through the malpractice claim process to help you seek compensation for your injuries.

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Examples of Emergency Room Mistakes

Emergency room patients experience medical errors in the emergency care unit for various reasons. Common mistakes include medication errors caused by inadequate and poor communication among medical staff, delayed or incorrect diagnosis, delayed or improper treatment, and failure to obtain needed diagnostic tests.

These common errors can lead to death or permanent disability due to delayed detection and treatment, including:

  • Subarachnoid hemorrhage or bleeding between the brain and surrounding membrane
  • Pulmonary embolism or blockage in one of the arteries in your lungs, usually caused by blood clots
  • Birth injury caused by missed fetal distress
  • Internal bleeding
  • Spinal cord injury
  • Administering the wrong medication

An emergency room injury may occur due to poor hospital quality, misuse of surgical instruments, and lack of sanitary conditions for patients. Other possible causes of an emergency room error include:

  • An incomplete differential diagnosis
  • An incorrect dosage of medication
  • Anesthesia errors during an emergency procedure
  • Unsafe staffing ratios
  • Lab errors
  • Broken equipment
  • Lack of saline or other needed medications
  • Nursing errors
  • Inadequate support from other medical specialties

The pandemic has exacerbated some of these causes, such as saline shortages and staffing levels, increasing the risk of injury when visiting the emergency room. An emergency room errors attorney with Nessler & Associates can stand up for your rights when a medical error occurs and help you pursue a fair settlement to help you pay for your injuries.

Consequences of Emergency Room Error

The failure to detect and treat a medical condition that leads to less oxygen reaching the brain can cause brain damage. Other errors may lead to emergency surgery, increasing the risk of further injury.

Some injuries might cause permanent impairment of cognitive function, organ damage, and impairment of the use of a body part or organ. Diagnostic errors increase the length of hospital stays and the risk of death by 8.60%.

Emergency room physicians and associated health care providers working in a high-pressure environment can unintentionally violate proper standards of care through miscommunication and failing to listen to patients. These errors lead to increased medical expenses and require more intensive treatment.

The experienced team of personal injury lawyers with Nessler & Associates has extensive experience with medical malpractice claims against hospital emergency departments. We can help you get financial compensation for your medical bills, emotional distress, and other damages.

Proving Negligence in a Medical Malpractice Claim

Illinois law requires each medical malpractice lawsuit to be reviewed by medical personnel with relevant, recent experience in the same field as the defendants. Emergency room doctors work in a fast-paced environment, and their care cannot be adequately assessed by someone who works in primary care, for example.

The Signs of Negligence

Nessler & Associates works with a wide range of experts who can review medical records to look for evidence of medical negligence. Evidence might include:

  • The education, training, and experience of the personnel involved in your care
  • Failure to order diagnostic imaging
  • Prescription or administration of the wrong medication or wrong dose
  • Missing signs of internal bleeding, such as ruptured ectopic pregnancies or aortic aneurysms

The Elements of a Case

To win your case, emergency room malpractice attorneys must help you prove several elements regarding the emergency department error.

First, we must demonstrate that you entered into a professional relationship with the negligent healthcare providers and that they had a duty of care towards you. Then, we will work with the appropriate medical experts to determine your condition’s accepted standard of care. We must prove that the emergency room care you received violated this standard of care and caused you harm.

If you or a loved one sought medical treatment in an emergency department and received substandard care resulting in harm or wrongful death, the medical malpractice attorneys with Nessler & Associates can help you file an emergency room malpractice case. We will fight to get you the maximum compensation you deserve by proving all elements of your case and helping you file your claim on time.


Malpractice Claims in Illinois

Emergency room malpractice lawyers in Illinois understand the nuances of state laws governing malpractice cases. These laws include complex filing deadlines, and recent changes have affected the size of awards you can receive.

Statute of Limitations

Illinois’ medical malpractice law gives you two years to file a lawsuit from when you discovered or reasonably could have discovered the injury. The exception occurs for victims under 18 at the time of injury, who receive 8 years to file.

Damage Limits

Illinois law does not limit economic or non-economic damages but prohibits punitive damages in medical malpractice cases. Following the 2010 court ruling in Lebron v. Gottlieb Memorial Hospital, the state removed a pre-existing cap on non-economic damages, allowing patients to file suit for elements such as pain and suffering and loss of enjoyment of life.

Contingency Fee Limits

Getting legal advice from an experienced malpractice law firm like Nessler & Associates gives you the best chance to recover a fair financial settlement. We work on a contingency fee basis to help all victims of negligence, regardless of their income.

State law prohibits personal injury attorneys from charging more than one-third of damages awarded to clients in medical malpractice cases. This payment structure means we only collect reasonable legal fees if we win your case.

Schedule a Free Consultation With Nessler & Associates

The skilled attorneys with Nessler & Associates represent clients in emergency room malpractice cases. We understand the effects of emergency room mistakes and substandard medical care.

Errors made in the emergency department setting can have devastating effects on patients that are not limited to physical injuries and emotional distress. We have represented victims of medical negligence for over three decades. We can help you gain fair compensation for your injuries and pain and suffering caused by an emergency room error.

Call Nessler & Associates at (800) 727-8010 to set up a free initial consultation.

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