Apr 022012

Emergency room mistakes are common, especially considering that there are approximately 120 million visits to the emergency room per year. Emergency room personnel and doctors must make quick decisions, usually based on incomplete data in a high demand and oftentimes, chaotic setting.

Emergency RoomUnder Pennsylvania law, doctors and physicians will not be liable just because they made an error in diagnosis. Pennsylvania law is clear that a physician does not guarantee a cure and that negligence should not be presumed from the occurrence of an unfortunate result.

In order to prevail in a Pennsylvania emergency room malpractice case based on misdiagnosis or error in diagnosis, the plaintiff is required to show that the emergency room doctor/physician failed to exercise the skill, knowledge, and care customarily exercised in the profession. In other words, a doctor will be liable if his or her mistake reflects a failure to follow proper practice and thereby violates the standard of care required of physicians.

The most common forms of emergency room error or malpractice include:

  • error in diagnosis or misdiagnosis,
  • negligent performance,
  • failure to monitor,
  • delay in performance,
  • medication errors,
  • failure to refer for specialist consultation,
  • failure to admit, and
  • failure to recognize treatment complications.

Experience matters in your emergency room malpractice case.  Emergency room malpractice lawsuits in Pennsylvania are by no means simple cases. To the contrary, they require a significant amount of preparation of medical records, evidence, and eventually expert reports. If you’d like to have your case reviewed by our Philadelphia, Pennsylvania emergency room malpractice lawyers, call 215.925.4451 for a free, no obligation legal consultation.

*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case.  See the full disclaimer at the bottom of this page.

The medical malpractice lawyers at Schwartz & Blackman handle cases in the Pennsylvania and New Jersey area:

  • PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
  • NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities


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*DISCLAIMER: This website does not create any attorney-client relationship or provide legal advice. The lawyers at Schwartz and Blackman provide legal advice only after accepting a case. It is imperative that any action taken is done on advice of counsel. Since each case is unique, discussion of prior outcomes and settlements in past cases is no guarantee of a similar outcome in current or future cases. The use of contact forms on this site does not establish any attorney-client relationship. Confidential or time-sensitive information should not be sent through them. The AV rating of Martindale-Hubbell, Super Lawyers and organizations that rate attorneys are not designations that have been approved by the State Supreme Courts or the American Bar Association. The ratings and opinions reflect members of the Bar Association and the Judiciary. PRIVACY POLICY

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