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Denver Emergency Room Error Attorneys



Get Help After a Denver Emergency Room Error Leaves You Injured

Illnesses and injuries can occur anywhere, at any time, which means emergency rooms need to be ready to field hundreds of patients at the drop of a hat. Unfortunately, many emergency situations are handled inadequately. Healthcare professionals in an emergency room may fail to properly assess all of a patient’s injuries or may prescribe a medication without checking a patient’s current drug regimen and allergies. These errors leave patients worse off than when they arrived in the ER.

If you believe a doctor or nurse made an error during your emergency room visit, you should reach out to an experienced attorney for help. The emergency room malpractice lawyers at Leventhal Puga Braley P.C. have handled many of these cases and are prepared to give you the support you need. Call us at (303) 759-9945 to talk to an experienced Colorado medical malpractice lawyer with a no-cost consultation.

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What Is an Emergency Room?

If you suddenly become sick or suffer debilitating injuries in an accident, you don’t visit your general practitioner–you call for an ambulance to take you to the emergency room. There, doctors and nurses can give you a proper examination, determine what is wrong, and treat your condition. That may require medication, surgery, or a stay in the hospital.

However, emergency rooms are often poorly managed and overrun with patients, especially in high-population areas. When mistakes are made in emergency rooms, they can devastate already vulnerable patients.

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Why Might Emergency Room Errors Happen?

The emergency room is a natural contributor to the poor quality of care patients receive. A recent study, published in De Gruyter’s Journal Diagnosis, found that 45% of all ER errors can be chalked up to doctors’ and nurses’ poor decision-making. This means that even when ER doctors are given accurate and timely information, they still make the wrong choice for treatment. However, that does not mean they should be “let off the hook” when they make a serious error, as those mistakes can cost people their lives.

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What Are Common Emergency Room Errors?

Medical professionals are held to a higher standard because when they make a mistake, a patient could develop a serious illness—such as kidney failure, which requires a kidney transplant or dialysis for the rest of the patient’s life or cause death.

Several emergency room errors are more common than others, including:

Delay in treatment: A seemingly minor injury, like a bite from a small dog, can turn into a serious problem when not treated timely. Even a small dog has dangerous bacteria in its mouth, and without treatment, the patient can develop a deadly infection. Medical professionals must be able to spot illnesses and injuries that could become serious and treat them quickly.

Laboratory errors: Oftentimes, emergency room staff will have to send tests to labs within the hospital to determine what is wrong with a patient. If the lab mishandles the test or returns incorrect information, it could lead to a misuse of medication or a delay in treatment.

Medication errors: The wrong medicine will make a patient sicker or even cause death. In fact, some patients are allergic to certain medications and ingredients, so if they are not given the correct medicine, they could have a severe allergic reaction.

Incorrect diagnosis: What is wrong with a patient? It is a doctor’s job to find out. The diagnosis helps other medical professionals administer the proper treatment, ensuring that the patient recovers. However, when a diagnosis is incorrect, the treatment will be incorrect as well, meaning that the patient will not be getting the help they need.

Improperly trained staff: Doctors and nurses study hard to earn their licenses, and for good reason. When medical staff are not properly trained, they can make serious mistakes, such as misreading a chart, giving incorrect medication, or even discharging a patient before they have been properly assessed.

Improper discharge: Some hospitals are quick to release patients. This may be because a patient could not afford treatment, a staff member did not believe a patient was actually sick, or a patient was improperly diagnosed and presumed to be healthy when they were not. When a patient is discharged, they will no longer be given medical support, and this could result in a serious illness or the worsening of injuries.

As with any form of medical malpractice, emergency room errors are not acceptable. If you have suffered an emergency room error, under the law, you have the right to file a claim against the liable parties and receive proper compensation.

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Emergency Room Errors and the Law

Emergency room errors are considered medical malpractice under the law. In order to prove medical malpractice occurred, you must prove that the doctor, nurse, or other healthcare professional was negligent. A negligent medical professional is one who fails to use reasonable care in treating a patient, resulting in damage to the patient.

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What To Do if You’re Injured Because of an Emergency Room Error

If you were denied treatment at an emergency room or if the treatment you received was inadequate, it may be medical malpractice. There are steps you should follow that will make it easier for your emergency room malpractice lawyer to file a successful claim or lawsuit on your behalf.

You have the right to ask questions and be treated with respect when seeking medical treatment. Unfortunately, you may be confronted with rude or unprofessional doctors, nurses, clerical staff, and other hospital employees.

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Seeking Damages for Injuries Caused by Emergency Room Errors

Depending on the details of your case, there are filing deadlines and a statute of limitations that applies, so you’ll want to speak with a medical malpractice lawyer as soon as possible. Your attorney will begin investigating your case so they can discuss the legal process with you.

Once your attorney has filed a medical malpractice claim, you have 60 days to submit a certificate of review. This is a document in support of your claim by a person who has experience in the area of negligence that your claim is built upon. The certificate of review must affirm that your claim “does not lack substantial justification.”

If you choose to proceed with a medical malpractice claim in Colorado without a certificate of review, you will not be able to rely upon expert witnesses during your trial, and this could cause your case to be dismissed.

At any point, the defendant may provide a settlement offer. You aren’t required to accept this offer, and your attorney may continue to negotiate to get you a better settlement. If the other side is unwilling to make a reasonable offer, your attorney can file a lawsuit and take them to court.

Unless a settlement is reached, the case will proceed to trial. The court will hear arguments from both sides before issuing a final verdict on the case.

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Compensation Available for Emergency Room Errors

When our investigation is complete, Leventhal Puga Braley P.C. will discuss with you a potential claim or lawsuit against anyone whose negligent actions contributed to your injuries. This may include hospitals, administrators, doctors, nurses, triage officers, medical technicians, pharmacists, and hospital staff.

An emergency room error medical malpractice claim includes the following types of damages:

  • Medical expenses
  • Surgery
  • Medications
  • Time missed from work
  • Pain and suffering
  • Medical devices
  • In-home care
  • Reduced quality of life
  • Occupational therapy
  • Loss of consortium
  • Wrongful death
  • Wheelchair access for your home and vehicle

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Ensuring Patient Privacy and Confidentiality

Leventhal Puga Braley P.C. has been getting justice for victims of medical malpractice in Colorado for over 40 years, and we’ve earned a strong reputation for effectively serving our clients. The independent rating agency Avvo awarded our firm with an AV Rating, signifying the highest level of ethical standards. When it comes to handling medical information, we always work with the utmost precision and care to protect your privacy and confidentiality.

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Work with an Experienced Colorado Emergency Room Error Attorney

If you put your life in the hands of an emergency room medical professional and were injured further, you deserve to be compensated for the harm you’ve suffered.

The Denver trial lawyers at Leventhal Puga Braley P.C. have the knowledge, experience, and resources to best tackle medical malpractice cases. We do the research, consult with medical experts, and work to ensure that you receive the compensation you need to get your life back on track. We won’t let a hospital use “emergency room chaos” as an excuse for poor care.

There is no charge for your initial consultation with Leventhal Puga Braley P.C. To speak with an experienced Denver ER error lawyer about your potential case, call (303) 759-9945 today.

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Additional Information

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