A trip to the emergency room is often a high-stakes, stressful experience. Patients and their families rely on the medical professionals to act swiftly and accurately to address urgent health concerns. While most emergency room visits result in appropriate care, there are instances where medical mistakes can lead to serious harm. Understanding patient rights and the types of errors that can occur is an important step for anyone who believes they or a loved one have been a victim of medical negligence. This guide provides information on common emergency room mistakes and what Maine law says about a patient's right to pursue a medical malpractice claim.
If a serious injury has occurred, it is crucial to seek legal guidance promptly. Contact a legal professional at (207) 417-4199 or through the online contact form.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider's negligent act or omission deviates from the accepted standard of care, causing injury to a patient. In Maine, a medical malpractice claim must demonstrate four key elements:
Duty of Care: The healthcare provider had a professional duty to adhere to a specific standard of care for the patient.
Breach of Duty: The provider acted negligently or failed to act when necessary.
Causation: The provider's negligence directly caused the patient's injury.
Damages: The patient suffered actual losses, such as medical bills or pain and suffering, as a result of the injury.
Proving these elements can be a complex process, often requiring the testimony of other medical professionals. The standard of care is generally based on the practices and knowledge that a reasonably competent healthcare professional in the same field would exercise under similar circumstances.
Common Mistakes in the Emergency Room
Emergency rooms are high-pressure environments, and mistakes can happen due to factors like overcrowding, understaffing, or rushed decisions. Here are some of the most frequent errors that can lead to a medical malpractice claim:
Misdiagnosis or Failure to Diagnose: This is one of the most common errors. It can lead to a patient receiving the wrong treatment, or no treatment at all, for a life-threatening condition. Conditions frequently misdiagnosed in the ER include heart attacks, strokes, aneurysms, and sepsis.
Delayed Treatment: Delays in care can be a result of understaffing or a misdiagnosis. When a patient's condition worsens because treatment was not administered in a timely manner, it may be considered medical negligence.
Medication Errors: These mistakes can happen at various stages, from prescribing the wrong dosage to administering the wrong drug to a patient. Such errors can cause serious harm, including adverse reactions or worsening health conditions.
Premature Discharge: Releasing a patient from the hospital before their condition is stabilized or properly diagnosed is a significant risk. A patient may be sent home without a proper diagnosis or the necessary information for at-home care, which can lead to their condition getting worse.
The Importance of Documentation
After a visit to the emergency room where you suspect an error has occurred, documentation is essential. This includes:
Medical Records: Obtain copies of all medical records related to the visit. These records provide a detailed account of the care received and can be used to prove that a medical mistake occurred.
Personal Notes: Keep a detailed journal of your experience. Write down the timeline of events, from when you arrived at the ER to when you were discharged. Include notes about who you spoke with, what was said, and what procedures were performed. Also, document any new symptoms or changes in your condition after leaving the hospital.
Bills and Expenses: Keep all bills, receipts, and records of any financial losses, such as time missed from work. These documents are used to calculate the economic damages in a claim.
The more comprehensive the documentation, the stronger a case can be. It helps to create a clear picture of what happened, which is a key component in any legal proceeding.
The Maine Statute of Limitations for Medical Malpractice
A statute of limitations is a legal deadline for filing a lawsuit. In Maine, most medical malpractice claims must be filed within three years of the date the negligent act occurred. This is a shorter timeframe than the six-year statute of limitations for general personal injury cases in Maine.
There are a few limited exceptions to this rule. For instance, in cases involving a "foreign object" left inside a patient's body, the statute of limitations begins when the harm is discovered or reasonably should have been discovered. Additionally, for minor patients, the lawsuit must be filed within six years of the malpractice or by the time the child turns 21, whichever comes first. Due to the strict nature of these deadlines, it is important to contact a legal professional as soon as possible to ensure your claim is not time-barred.
Seeking Legal Counsel for Medical Malpractice in Maine
Medical malpractice cases are often complex and require significant resources to build a strong case. In addition to a thorough investigation, these cases may require the use of medical professionals and other resources to demonstrate that the standard of care was not met and that this failure caused the injury. The legal team at Berman & Simmons has experience handling these difficult cases, including those involving emergency room errors.
The firm is committed to helping those who have been harmed by medical negligence. For more information on medical malpractice claims, please visit our medical malpractice page.
Find Answers to Your Questions
After a medical error, the emotional and financial strain can be overwhelming. The legal team at Berman & Simmons is here to provide guidance and support to those who have suffered a serious injury. We are ready to listen to the details of your situation and answer your questions. To discuss your case, please call us at (207) 417-4199 or complete our confidential online contact form.