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Proving Emergency Room Mistake & Medical Malpractice in Pennsylvania

Phil Blackman-Pennsylvania New Jersey Personal Injury LawyerPublished on behalf of Philip Blackman, an experienced personal injury lawyer who has devoted his entire career to helping individuals and families who have been injured due to medical malpractice, car accidents, fall accidents and more. FREE Consultations: 215.925.4451

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.

Under 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

Medical malpractice Law Library

Philadelphia, Pennsylvania Hospital Emergency Room Malpractice Law – The Statute of Limitations

In cases of hospital and emergency room malpractice, Pennsylvania's statute of limitations is two years from the date of the injury. However, in cases where the patient was unable to discover the abuse, the statute of limitations may be tolled. In such a situation,...

Pennsylvania Hospital Medical Malpractice Law – Theories of Negligence Against Hospitals

Hospital negligence is an unfortunate reality. Every day, thousands of patients trust the care and treatment they receive at a hospital. However, many of those patients will suffer hospital malpractice which results in severe harm or even death. The laws of...

Common Emergency Room Mistakes in a Philadelphia Medical Malpractice Lawsuit

Emergency room errors are very common and often result in death or worsened outcomes. The main reason emergency room errors are common is the nature of the emergency room, a high volume, fast-paced environment, coupled with lack of training, inadequate staffing, etc....

Failure to Implement Proper Procedures Leads to Hospital & Emergency Room Mistakes

There is a strong public perception that hospital deaths caused by malpractice are less than in reality. According to the Institute of Medicine, at least 44,000, and as many as 98,000 people die each year as a result of preventable hospital errors. In 2002, a study...

Hospital Malpractice – The Emergence of New Problems with Information Systems

Increases in technology have made hospital care much easier and efficient. Ideally, patient information can be sent and received much faster than ten or even five years ago. Electronic medical records (EMRs), tracking tags, badges, electronic medication administration...

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