Assist With Gathering Evidence

Our ability to identify crucial components in your case allows lawyers with our team to build your case and establish proof that your damages are a direct result of an error in the emergency room. The emergency room error lawyers with our firm may assist clients with securing the following evidence:

• Reports and medical records from your emergency room visit
• Medical records documenting ongoing treatment and care
• Witness statements about the impact of the damages on your life
• Qualified medical professional testimony and opinions 
• Records of medical expenses and costs due to treatment
• Employment records indicating lost wages
• Photograph and video evidence demonstrating the extent of your injury
• Examinations and records that document the permanent nature of your injuries.

Waiting to secure evidence in your case can make it more challenging to acquire essential documentation. Our team can also offer insight into documenting your injuries by receiving and continuing ongoing medical care prescribed by a physician. A member of our team has experience recognizing the dangers of medical errors and why they happen in an emergency room setting. 

Negotiate With the Insurance Company

The emergency room error attorneys at Berman & Simmons consider a comprehensive evaluation of from the beginning of their analysis of your case.. When your injuries require ongoing treatment, we evaluate the costs of future medical care, including them in your damages to provide financial assistance for continued care. Quite often, the future medical expenses, pain, suffering, loss of enjoyment of life, and permanent impairment our clients endure has greater value for verdict and settlement than past medical expense and lost wages. While the insurance company might argue that a small offer for these past damages is fair, that will not compensate you for the full impact of negligent medical care. 

Too often, medical errors create substantial financial distress for patients, creating a situation where an insurance company offers a quick but small settlement to resolve a claim. Berman & Simmons attorneys have experience obtaining the best results for our clients through settlements and verdicts. We will make sure that you are fully informed about the true value of your case and would never push you to accept an inappropriately small offer. 

Identify Tactics to Reduce Your Claim

Protecting you against tactics an insurance company may use to reduce your claim is also crucial to your recovery. Our attorneys know how to fight back against the tactics used by insurance companies against unrepresented individuals and those with less experienced counsel. We control the interaction with the insurance company and protect your interests every step of the way. We know how to handle communication with an insurance company - including statements from our clients and providing medical information - in a way that benefits you by creating the best opportunity for a substantial recovery. 

Medical professionals carry malpractice insurance as protection against lawsuits. The medical malpractice lawyers at Berman & Simmons are well known to the companies insuring medical providers for obtaining the best results for our clients. We know how to identify and combat common insurance company tactics. Insurance companies want to pay as little as possible to resolve claims. Our attorneys know you have the right to fair compensation if you suffer injuries from an emergency room error. We will fight to obtain that compensation, not accept what an insurance company wants to pay to end a claim quickly. 

Represent Your Case in Court 

The emergency room error attorneys at Berman & Simmons will relentlessly pursue your case and financial recovery in court when negotiations with the insurance company are unsuccessful. We will strive to provide you with the information you need before proceeding in court to seek accountability for your injuries from responsible parties. Learn more about how we can assist you by reading these client stories. When necessary, we are prepared to pursue your claim before the Medical Malpractice Pre-Litigation Screening Panel and then in the Maine Superior Court. 

Securing a court victory is not the end of the decision-making process. Your attorney can discuss the types of payout you may receive in a medical malpractice verdict and the benefits of both. Payouts may occur in lump sums that can provide immediate reimbursements for past costs.  When ongoing medical treatment is necessary for you or a child experiencing the impact of an emergency room error, structured awards or periodic payments may ensure coverage for future medical care. 

Common Emergency Room Errors 

Errors in managing patient care may create multiple challenges to a patient’s recovery. While many errors may be corrected or caught before significant damage occurs, other errors in the emergency room for patients are life-changing. Emergency room errors include:

• Triage errors that lead to the underestimation of the urgency of a patient’s condition
• Delayed treatment as a result of a diagnostic error
• Misdiagnosis or failure to diagnose a severe medical condition
• Medication errors leading to incorrect dosing, administering the wrong medication, or medication interactions
• Poor communication as a result of an emergency room’s hectic environment, improperly trained staff, or failure to adequately document a patient’s condition in writing
• Lab or testing errors due to ordering the wrong tests, lack of testing, and misinterpreted or miscommunicated results 
• Unsanitary conditions that lead to infection, sepsis, or other illnesses because of a lack of sanitizing
• Improper function or operation of medical equipment

Suffering sustained injuries can occur in seconds due to medical errors. The emergency room error law firm of Berman & Simmons can offer invaluable guidance if your injuries in the emergency room have left you with significant health impacts and medical expenses. 

Illnesses and Injuries Associated With Emergency Room Errors  

Failing to treat a severe injury accurately can lead to irreparable damages. The recovery rate from specific illnesses often declines the longer diagnosis and treatment is delayed. Emergency room errors have the potential to end in death. Our Maine wrongful death lawyers provide compassionate support when the unimaginable occurs. 

The National Institute of Health (NIH) identifies 20 illnesses most commonly associated with diagnostic errors and 15 diseases related to the most significant harms due to diagnostic errors. The following list does not include all the injuries and illnesses related to diagnostic errors in the emergency room:

• Fractures
• Stroke
• Myocardial infarction (heart attack)
• Appendicitis
• Venous thromboembolism
• Spinal cord injury and compression
• Aortic aneurysm and dissection
• Meningitis and encephalitis 
• Sepsis
• Intracranial hemorrhage and aneurysm

Errors in the emergency room related to vascular events, infections, and cancers account for 72% of all errors. We strive for answers when an emergency room error occurs and to document how failing to treat these medical conditions can impact your health.

Liability for an Emergency Room Error in Maine

Numerous parties owe you a duty of care to provide safe medical assistance when you require care in an emergency room in Maine. One of the goals of your attorney will be to identify all parties responsible for your damages due to the error. Liable parties may include:

• A physician or physician’s assistant 
• Specialists, such as surgeons or anesthesiologists
• Nurses and nursing assistants
• Hospital administration

Hiring trained professionals to provide patient care is critical in preventing errors in the emergency room. Proper medical equipment maintenance is also crucial to keeping the equipment that emergency room staff rely on in working condition. A thorough investigation may uncover multiple parties who are liable for your damages.

Steps to Take After Suffering Injuries from an Error in Emergency Treatment

Knowing where to turn for help is critical to addressing errors in medical treatment. Taking these actions can help you get the care you need when you feel an emergency room error impacts your health:

• Seek a second opinion from another physician
• Request further testing and lab work 
• Request a copy of your medical records, and keep all documentation and medical billing statements from the initial treatment
• Contact an emergency room error lawyer who can advise on immediate steps you can take to preserve evidence

Our team offers guidance to empower patients and their families in their fight for legal justice. You deserve quality emergency medical care. You have the legal right to pursue compensation when errors threaten your health. 

Possible Compensation in an Emergency Room Error Case in Maine

The damages you may receive are directly related to the impact of an emergency room error on your life. Lawyers in Maine, with our firm, can explain how to increase settlement value in your case. Through careful documentation, we will strive to obtain your most advantageous compensation. Damages may include:

• All past and future medical expenses
• Medication costs
• Rehabilitative services
• Home and vehicle modification costs 
• Medical equipment expenses
• Lost wages and earning capacity
• Loss of enjoyment of life
• Pain and suffering
• Other personal injury damages

Punitive damages may be available in specific incidents. Though rare, we will pursue all damages available to you when clear and convincing evidence exists that the negligent party acted with express or implied malice. Punitive damages may also be available in an action for wrongful death in Maine resulting from an emergency room error. Because available damages are specific to your case, we always recommend that you receive a case evaluation.

The non-economic damages resulting from an emergency room error are as impactful as those with a specific dollar value. The pain and suffering, emotional distress, and other damages you experience that are more challenging to quantify monetarily may be viewed as less severe by the insurance company. However, we care about your suffering and will fight for fair compensation for these more challenging to quantify damages. 

How Long Do I Have to File a Lawsuit for Damages?

Maine’s statute of limitations establishes the time to file a civil action for damages due to an emergency room error in a personal injury case. In most cases, patients have three years from when a medical error causing harm occurs to file a civil action for medical malpractice. This period can be significantly shorter when the facility is owned by a state or local government or is a Federally Qualified Health Center. Maine does not have a discovery rule that starts the running of the statute of limitations when a patient knew or should have known of the error. Instead, Maine law starts the running of the statute of limitations when the medical error was made even if the patient has no reason to know about the error. For these reasons, it is imperative to contact an emergency room error attorney as soon as possible if you experience any error in treatment. 

Minors have six years from when an emergency room error occurs to file a lawsuit or three years from the age of majority, whichever happens first. It is always best to let an emergency room error lawyer review your case to determine your legal options. 

What to Look for in an Emergency Room Error Lawyer in Maine

Feeling confident with your choice of legal representation is critical to your interaction with an attorney representing your case. Being able to share your experience openly is vital to helping you recover. Our attorneys care about the impact of errors in an emergency room on your life. Our firm possesses the experience to navigate the challenges in these cases. Look for these attributes in an emergency error law firm and an attorney representing your case:

• A team willing to communicate the costs of representation to you. Our attorneys work on a contingency fee basis, requiring you to pay nothing unless we secure a favorable settlement or verdict
• A focused law firm that dives into specific areas of law 
• A team that values your time. While we cannot determine how long it will take to settle a claim or take your case to court, we remain prepared to pursue action to reduce your costs and time commitment
• A sound understanding of the laws that apply to your case. Understanding the laws that apply to your case allows us to pursue a claim when malpractice occurs
• A firm with a long history of securing the best possible results for its clients in medical malpractice claims, whether through settlement or trial.

Let us answer your frequently asked questions and provide more insight into the laws applying to your case. Our commitment to you is evident from initial contact until your case is complete.