Four Things You Should Know about Medical Malpractice from Emergency Medical Care
Posted on: 26 September 2018
The terms of medical malpractice as a result of emergency medical care are different from those governing other forms of medical malpractice. Here are some of the things you should know about medical malpractice as a result of emergency care:
First Responders Have Some Protection
The first thing you should know is that the first responders (the first professionals to offer you medical care or arrive at the scene of the accident) have some protection from the law. These protective laws were put in place to reduce the number of lawsuits against first responders who usually have to work under grueling conditions and might make a mistake or two. This means a first responder who makes a mistake and causes you further injury, might not be guilty of medical malpractice. A first responder is only likely to be liable for your medical malpractice if they did something blatantly wrong, intentionally hurt you, or was totally reckless.
The Circumstances of the Emergency Room Must Be Considered
For injuries that occur in the emergency room (ER), the condition of the emergency room must be factored in the liability determination. This makes sense because most ERs do not have the luxury of operating in a clam and collected manner like other hospital rooms. When an injured patient is brought into the ER, the ER operators have to rush to save their life or prevent further injuries. The chaos that exists in most ERs makes it difficult for medical professionals to do their work.
The Hospital Is Treated as the Employer
In most cases of medical malpractice, you cannot sue the hospital for a mistake made by a doctor who is not under employed by the hospital. This is because not all doctors are employed by the hospitals in which they work; some are independent contractors. However, this is not the case in ERs. This is becuase all the doctors are assumed to be employees of the hospital even if they aren't. After all, when you go to an ER, you are seeking services from a hospital or medical facility and not from a particular doctor.
The Good Samaritan Rule May Apply to the Doctors
In most jurisdictions, another person isn't obligated to help you if you have a medical emergency. However, if someone does elect to help you, they must do so in a careful and reasonable manner that doesn't necessarily worsen your situation. This is what is known as a Good Samaritan law, and it typically applies to those who aren't medical professionals.
Although this law typically applies to those who aren't medical professionals, it also applies to medical professionals who are off duty. This is significant because if you are accusing a first responder of medical malpractice, and they were helping you while off duty, they will be held to a lower standard because of Good Samaritan laws.
For more information on whether or not you have a medial malpractice case, contact a company like Blazef -Horner Anica Law Office of.
Share