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Emergency Department Liability

A hospital’s emergency department is designed to see, diagnose, treat and discharge patients as quickly as possible. Due to the nature of emergency rooms, many injuries, illnesses and diseases go untreated and can result in a further injury or sickness, and even death. When a patient is discharged from the emergency room without a proper diagnostic work-up, and permanent injury results, this is medical malpractice.

Medical malpractice in the emergency room is a significant source of liability for hospitals. Some of the reasons for emergency room medical malpractice are:

  • A deficient triage system that prevents patients from being seen in a timely manner
  • Incomplete or inadequate medical history and physical exam
  • Relying on age, race and gender stereotypes in disease progression
  • Delays in diagnostic testing results that could prevent further injury
  • Failure to recognize atypical presentations and arrange for specialist consultations
  • Lack of formal patient transfer during shift changes that results in communication omissions and lack of follow-through
  • Improper discharge instructions including lack of information about when to call back or care procedures
  • Returning visits not viewed as new presentations

If you or a loved one visited a Connecticut emergency room, were discharged, and injury followed that should have been detected by emergency room staff, you may have a medical malpractice case. Call our office immediately to begin your medical and legal investigation.

Our firm has both a doctor/attorney and nurse/attorney on staff. Robert Messey, MD/JD and Gayle Sullivan, RN/JD are familiar with the standard of care an emergency department must provide to its patients.

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