When it comes to medical malpractice, the events of an emergency can create special circumstances that are unpredictable. But if you feel that a preventable error injured you during your treatment in an emergency, then you still have a right to know your options for a lawsuit. It’s never completely out of the question to file a medical malpractice lawsuit for emergency treatment, but you need to keep certain factors in mind.

First Responders

First responders, such as on-scene medical professionals, firefighters, and ambulance operators, generally can’t be held liable for any injuries they inflicted while helping someone. This is because first responders are covered with legal protection to keep fear of a lawsuit from preventing them from doing what they need to save lives. 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 to remove them from a burning vehicle quickly. Be aware that only in extreme cases of recklessness or intentionality could a first responder be sued. 

Ascertaining Liability

In most medical malpractice cases in an emergency room, the liability would go to the hospital rather than the person at fault. A standard medical malpractice claim would usually be against a particular doctor, but emergency room doctors are almost always directly employed by the hospital. Keep in mind that this is similar in the case of first responders as well. 

Emergency Room Protocol

The same standard of care applies in emergency rooms as it does in any other setting. That means that any doctor or nurse in an emergency room who violates their duty of care and causes an injury could put the hospital liable for medical malpractice. Although a doctor working under the urgent circumstances of an emergency is expected to make mistakes, they aren’t protected the same way first responders are. But you will often have to provide substantial proof of the doctor’s negligence to have a case.

Contact The Snyder Law Firm 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.