Emergency Room Error Attorney in Queens, NY

Identifying ER Malpractice & Pursuing Damages

If you sought treatment at a Queens emergency room (ER) and did not receive the care you needed, you have options. As a medical malpractice attorney with over 20 years of experience, David Kates knows what to look for when it comes to emergency room errors.

If you were injured, he can work with medical experts to investigate and determine whether you received substandard care. If so, you may have grounds for a lawsuit against the doctor or hospital.

To find out if you have a case, call our Queens ER malpractice attorney at (718) 866-3664 or contact online. 

What Types of Compensation Can You Seek in an Emergency Room Error Claim?

A successful ER malpractice lawsuit can help you recover compensation for:

• Medical care
• Ongoing medical expenses
• Physical therapy
• Medication and medical supplies
• Lost wages
• Loss of potential/future earnings
• Emotional trauma

Types of Emergency Room Errors

The emergency room of any hospital is a busy place. 

People suffering from all types of illnesses and injuries may be there to seek emergency treatment, and the nurses, doctors, and administrative staff must move quickly to assess their needs, identify patients who require immediate care, and discharge those who don’t.

This hectic environment, combined with overworked and fatigued personnel, can create the perfect breeding ground for costly mistakes.

The following are examples of ER errors:

• Delayed diagnosis, failure to diagnose, or misdiagnosis
• Triage mistakes (sorting patients according to their medical needs)
• Wrongful discharge of a patient
• Failure to properly monitor a patient
• Failure to review a patient’s medical history
• Overlooking key information in a patient’s history
• Delayed treatment of a patient
• Medication errors
• Emergency surgery errors

Commonly Asked Questions About ER Error Claims

How Long Do I Have to File a Lawsuit for Emergency Room Error?

You have 30 months, or 2 1/2 years, from the date of your injury to file. Key evidence and records may also be moved or disappear if you wait too long to file. Acting fast is your best option, and Queens emergency room error lawyer David Kates is standing by to help.

What Steps Should I Take If I Suspect an Emergency Room Error?

If you suspect an emergency room error, follow these steps to protect your rights and gather the necessary information:

• Seek a Second Opinion: Consult another healthcare provider to assess your condition and confirm if a diagnostic or treatment error occurred.
• Obtain Medical Records: Request copies of your emergency room records, including charts, test results, and discharge papers.
• Document Your Symptoms: Keep detailed notes on your symptoms, treatments received, and how your condition has progressed since the ER visit.
• Consult an Attorney: Speak with our Queens ER error lawyer to evaluate the strength of your case.

How Do I Prove an Emergency Room Error Case?

To prove an ER error case in Queens, NY, you need to establish that the ER staff failed to meet the accepted standard of care, resulting in harm. This involves obtaining and reviewing your medical records, including ER notes and test results, to identify deviations from standard practices. 

You'll also need expert testimony from medical professionals who can assess whether the care provided was inadequate and how it contributed to your injury or worsened your condition, supported by detailed documentation of your symptoms and any further treatments required.

What is the Process for Filing an Emergency Room Error Claim?

The process begins with consulting our experienced ER malpractice attorney, David Kates, to evaluate the merits of your case. If your claim is valid, he will gather evidence to establish that the standard of care was breached and that the error caused harm.

Contact David A. Kates online today for a free legal consultation on your case.

Then, he will file a formal complaint in court outlining your allegations and the damages sought. Following the filing, both parties engage in a discovery phase where evidence is exchanged, leading to potential settlement negotiations.

If a settlement cannot be reached, the case proceeds to trial where both sides present their arguments and evidence. In this case, you will get the representation you need!

What If the ER Error Occurred a Long Time Ago?

New York's statute of limitations includes a discovery rule, which means the clock starts when you discover, or should have discovered, the error. However, it's essential to consult your attorney promptly to determine if your case is still within the allowable time frame.

Injured at a Queens Emergency Room? Call Law Office of David A. Kates, PLLC Now!

When it comes to seeking justice for a medical malpractice case involving emergency room errors, you need a skilled and experienced attorney on your side. At Law Office of David A. Kates, PLLC, we have a proven track record of successfully representing clients in Queens, NY who have been victims of ER malpractice.

It is important to move quickly if you or someone you love was injured after seeking emergency medical care. You may have grounds for a lawsuit, but there is a statute of limitations on medical malpractice actions in New York.

Our Queens emergency room error lawyer have experience in gathering and interpreting medical records, consulting expert witnesses, and understanding the nuances of standard care, so he can provide valuable guidance throughout the legal process, from filing the claim to representing you in court if necessary.

Call (718) 866-3664 now for a free review of your ER malpractice case.