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Blog 2015 March Malpractice & Emergency Situations
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Malpractice & Emergency Situations

Posted By The Law Offices of Patrick L. Block, PC || 25-Mar-2015

When you need immediate medical care, the rules of medical malpractice change. In emergency situations, the need for treatment trumps the diligent need to protect a patient from mistakes, and first-responders are usually protected in the event of a lawsuit. Even though there are protections granted to responders in emergency medical situations, there are still many ways that medical professionals can be held accountable when they make medical mistakes.

Who is liable in an emergency situation?

First responders are the people that first arrive on the scene of an emergency and give initial medical care, oftentimes consisting of firefighters, ambulances, and EMTs. Unless these responders acted in a completely reckless, negligence, or intentionally harmful manner, they cannot be held liable for medical malpractice. However, once the patient has arrived in the emergency room, doctors, nurses, and the hospital are subjected to the standard rules of medical malpractice.

In an emergency situation:

  • The extreme and rushed nature of the emergency room does not prevent the need to prove that a doctor in a similar situation would have acted differently, usually meaning the mistake that caused injury was a major one.
  • Hospitals can be sued since the patient is visiting the hospital as a whole, not a particular doctor, and the hospital does not have the opportunity to inform the patient that the doctor may be an independent contractor.

If the hospital that you are brought to receives Medicare funding, they are legally obligated to provide treatment to you. This means that they must provide a medical screening and stabilize your condition to the best extent possible. If they do not abide by this law, then the hospital can be subjected to a financial liability.

Additionally, in order to encourage people to assist those experiencing medical distress, all states have established a Good Samaritan rule. This rule prevents a bystander that helped another person from being liable for medical malpractice as long as they did not act recklessly or in a way that needlessly endangered their life.

When bringing a medical malpractice case in an emergency situation, extra care must be given to ensure that you have a valid case. While medical errors may occur before you make it into the emergency room, emergency responders and Good Samaritans are usually exempted from medical malpractice laws due to the immediate nature of their actions. The best way to determine whether or not you should bring actions against medical professionals is by speaking with a seasoned medical malpractice attorney. With over 20 years of experience, you can be confident that the Oregon attorney at The Law Offices of Patrick L. Block, P.C. has your best interests at heart.

Categories: Medical Malpractice
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