Austin Emergency Room Malpractice Lawyer
In 2017, 10.9 million Texans visited the emergency room. Not everyone walked out feeling better than when they’d gone in. Instead, medical errors and negligence in the ER led to devastating injuries. Emergency room negligence is medical malpractice. You have the right to obtain compensation from a doctor or hospital if you’ve been injured because of negligent emergency room care.
You’re entitled to money from a negligent hospital or doctor. The personal injury attorneys at Lorenz & Lorenz, LLP can help you get every penny you deserve. Call our Austin law firm to schedule a free, no-obligation case assessment today. We’ll explain your rights and answer any questions you have.
Why Should I Hire an Emergency Room Malpractice Attorney?
You’re struggling with an injury and trying to recover from the emotional trauma of your emergency room visit. While you’re entitled to compensation, the last thing you need is the added stress of a medical malpractice lawsuit. Medical malpractice claims are challenging. You risk missing out on money you deserve if you try to handle it on your own.
You’ll get more money when you trust an attorney to handle your emergency room malpractice case. Here’s what you can expect when you turn to the legal team at Lorenz & Lorenz for help. Our team will fight for you when we:
- Work hard to make insurance companies, hospitals, and doctors to take responsibility for your injuries
- Protect you from insurers, whose only goal is to limit the amount of money you receive
- Investigate the circumstances surrounding your injury to determine the precise cause(s)
- Identify all potentially liable parties and demand compensation from them all, and
- Consult with experts to make sure your damages are valued properly.
Our goal is to make sure that manipulative hospitals and insurers don’t shortchange you. You’ve been injured because the hospital made a mistake. We’re here to make them pay. Call our Austin injury lawyers to learn more.
Understanding Emergency Room Errors
A hospital emergency room can be a hectic place. Patients walk through the door with a variety of complaints, each demanding attention from hospital staff. Unfortunately, the fast pace of the emergency room can lead to errors and mistakes.
Several studies have attempted to determine why emergency room errors occur. One study analyzed 1,935 emergency room patients over a seven day period in 2001. More than 400 emergency room errors were committed during this period. Here are a few key takeaways from the study.
Who causes emergency room errors?
- Nurses (40 percent)
- Doctors (25 percent)
- Clerical staff (19 percent)
- Technicians and orderlies (13 percent)
What types of errors are committed in emergency rooms?
- Diagnostic errors (22 percent)
- Administrative procedural errors (16 percent)
- Pharmacotherapy errors (16 percent)
- Documentation errors (13 percent)
- Communication errors (12 percent)
- Environmental errors (11 percent)
Many studies have concluded that emergency room errors happen because of mental mistakes. It’s not that doctors and staff don’t know a patient’s symptoms or history; it’s that they don’t process the information they have properly. Researchers estimate that 45 percent of all emergency room errors are a result of negligent information processing.
Common Types of Emergency Room Negligence
Doctors, nurses, and staff in emergency rooms in Austin make mistakes. Negligence that has been shown to cause emergency room injuries includes:
- Failure to take a patient’s full medical history
- Failure to perform a thorough physical exam
- Failure to order necessary medical tests
- Missed diagnosis
- Delayed diagnosis
- Pharmacy errors, and
- Failure to monitor a patient.
Don’t let a negligent doctor, nurse, or hospital off the hook. Demand the money you deserve. Call Lorenz & Lorenz for help today.
Emergency Room Negligence Notice Requirements
You have the right to file a medical malpractice lawsuit if you’ve been injured because of an emergency room error. However, you have to notify the doctors, nurses, and hospital named in your lawsuit at least 60 days before you file it with the court.
Once you do file your emergency room negligence lawsuit, you have to send the defendants an expert report. The expert report basically proves that you have a legitimate argument. The report should contain:
- A qualified expert’s opinion about the standard of care you should’ve received, and
- How that standard of care wasn’t satisfied in your particular situation.
You’ll have to get this report to the defendants within 120 days of filing your lawsuit. Missing either of these steps could cause your case to be tossed by the court.
Cap on Damages in Emergency Room Malpractice Cases
Negligent emergency room care led to your injuries. As a result, you’ve probably racked up a lot of medical expenses and maybe even missed some time at work. Your injury may also prevent you from working in the same capacity ever again. The hospital should be forced to pay you for the harm they’ve caused.
You can file a lawsuit to recover economic damages for medical bills, lost wages, disability, and other financial costs you’ve experienced because of your injury. There’s no cap on economic damages. You’re entitled to recover as much as you’ve lost or can expect to spend on your injury.
You’re also entitled to non-economic damages for injuries that are more subjective and harder to value. These include things like pain and suffering and emotional trauma. However, Texas has a limit on awards of non-economic damages. Non-economic damages are capped at $250,000 per healthcare institution. You can’t recover more than $500,000 in non-economic damages if you sue more than one healthcare provider (i.e., hospital, medical group).
Don’t leave money on the table. Trust that the attorneys at Lorenz & Lorenz will do everything we can to maximize your financial award. We work with some of the most respected medical and injury experts in Travis County. They’ll help us understand your injuries and ensure that your case is valued correctly. We’ll be in a better position to maximize your award when we know what your case is worth.
When Do I Have to File an Austin Emergency Room Negligence Case?
There’s a limited period of time in which you can pursue compensation with a medical malpractice lawsuit. Generally speaking, the statute of limitations for emergency room error cases is two years. The clock begins to run whenever your injury should have been reasonably discovered.
Texas also has a statute of repose for medical malpractice claims. No claim can be filed more than ten years after the emergency room negligence occurred. This is true even if you haven’t discovered your injury yet.
It’s critical to speak with an experienced attorney as soon as you can if you believe you’ve been injured because of emergency room negligence. Our attorneys will help you seek a second medical opinion so that your injury is diagnosed right away. This will not only help your legal case, but also make sure that your health isn’t in jeopardy.
Call Our Austin Emergency Room Negligence Lawyers
You trusted that the doctors and staff at the emergency room would help you, not hurt you. Unfortunately, mistakes were made and now you’re forced to live with the consequences. You deserve compensation for your injuries. The attorneys at Lorenz & Lorenz will fight to hold the negligent hospital and doctors accountable. We’ll work tirelessly to get you every dollar you need and deserve.
Contact our Austin law firm today to schedule a free consultation. We offer our services on a contingency fee basis, so you don’t have to worry about attorney fees until we win your case. Call to get started today.