An emergency introduces several special conditions when it comes to medical malpractice claims. However, there can often be an exception if you feel that, during the treatment you received in an emergency, you were further injured due to recklessness or another preventable error. While it isn’t impossible to sue for medical malpractice during emergency treatment, there are a couple of complicating factors you should discuss with a legal professional.
First Responders
In nearly all cases, first responders cannot be held liable for injuries they may have caused in helping someone. First responders, including firefighters, ambulance operators, and other on-scene medical professionals, have heavy legal protection so as not to prevent them from saving as many lives as possible. For example, on the scene of a catastrophic accident, a first responder may feel that they have no choice but to break a person’s arm or leg in order to remove them from a burning vehicle quickly. Be aware that only in extreme cases of recklessness or intentionality could a first responded be sued. Even off-duty doctors and civilians are usually protected under Good Samaritan laws.
Liability
When you are able to file a lawsuit for medical malpractice during an emergency, the liability usually goes to the employer. Unlike a normal medical malpractice claim against a particular doctor, the hospital would be liable for your injuries that occurred in the emergency room. Likewise, in lawsuits against first responders, it is their employers who must hold the liability for their conduct.
Emergency Room Protocol
By contrast, medical malpractice standards are upheld in an emergency room setting the same as in any normal medical malpractice situation. It is acknowledged that personnel operating under the rushed circumstances of an emergency situation are more likely to make mistakes. Although they are not protected the same way first responders are, you will often need considerable proof of negligence in order to have a claim.
Have You or a Loved One Suffered Injuries as a Result of Medical Malpractice? Contact The Snyder Law Group Today
The Snyder Law Group, LLC, proudly represents clients throughout Maryland and Washington, D.C. Our experienced Baltimore attorneys understand the frustration that comes with an insurance company, medical professional, or other party that refuses to accept liability for negligent or reckless behavior. You can take heart in knowing there are talented and experienced lawyers ready to work for you. We are experienced in handling personal injury claims of medical malpractice or injury resulting from serious car and truck accidents, and have secured hundreds of millions in verdicts settlements*. Please visit our website, www.410thefirm.com, for more information and follow us on Facebook, Twitter, and LinkedIn.