Cleveland Emergency Room Error Attorneys

Q&A

What’s the most common emergency room error?

Misdiagnosis and other diagnostic mistakes are arguable the most common error to happen in ERs. According to a study conducted by the Agency for Healthcare Research and Quality, 5.7% of emergency room visits involve at least one diagnostic error.

What are the conditions that are most likely to misdiagnosed in the emergency room?

Studies show that the following conditions are the most likely to be missed or incorrectly diagnosed in an ER setting:

• Stroke
• Myocardial infarction (heart attack)
• Aortic aneurysm and dissection
• Spinal cord injury or compression
• Venous thromboembolism
• Encephalitis and meningitis
• Sepsis
• Lung cancer
• Traumatic brain injury or intracranial hemorrhage
• Arterial thromboembolism
• Spinal and intracranial abscess
• Cardiac arrhythmia
• Pneumonia
• Gastrointestinal perforation or rupture
• Intestinal obstruction

What other emergency room errors are there besides misdiagnosis?

While diagnostic errors are some of the most common mistakes in the ER, other errors also happen. Here’s a look at just a few:

• 6% of emergency room visits involve a medication error. (International Journal of Clinical Pharmacy)
• 4% of patients discharged from emergency rooms revisit the ER within 72 hours, suggesting an unresolved issue. (Annals of Emergency Medicine)
• 50% of the sickest ER patients wait 9+ hours for a hospital bed on average. (MedPage Today)
• 1 in 10 emergency room patients leave without being seen, potentially due to long wait times. (MedPage Today)
• Elderly patients who visit the emergency room are three times as likely to contract an infection. (Canadian Medical Association Journal)
• Only 78% of patients were masked and isolated in emergency rooms where infectious disease drills were performed, and some hospitals struggled to identify potentially infectious patients, which may indicate lack of proper protocols. (CDC)

Why do emergency room errors happen?

Medical mistakes can happen for a wide variety of reasons. In the emergency room, errors are often the result of:

• Emergency rooms are often understaffed, especially on the weekends. This can cause extreme delays in triaging and testing.
• ERs can get extremely busy, putting additional pressure on staff.
• Overworked staff may miss critical information or steps in a procedure if they aren’t adequately rested.
• Poor communication. Doctors and nurses may fail to communicate important information about patients to one another, especially during a shift change.
• Missing health history. Staff may miss getting a patient’s full health history, including past surgeries, medications, and allergies.

How do I identify a potential emergency room error?

Recognizing when an emergency room error has happened is not only key to getting proper treatment, it’s also crucial for holding the potential at-fault party accountable for their actions. Identifying an error allows you to act quickly. Here are some possible signs of an emergency room mistake:

• Changes in the patient’s condition. If a patient suddenly takes a turn for the worse without a clear cause or explanation, this could potentially be a sign that an error occurred.
• Discrepancies in care. Different doctors may give different explanations about what’s going on or offer different treatment plans. There may also be a discrepancy between the treatment that is offered and what the standard is for the diagnosed condition.
• Inadequate communication with the patient. If staff members aren’t communicating the patient’s condition with the patient and their family, as well as possible causes, this could indicate more investigation is needed.

How do emergency room errors impact people?

Mistakes made in the emergency room can have a serious impact on patients and their families in many ways, such as:

• Health complications. The patient’s illness may get worse, or there may be a new illness to contend with.
• Increased costs. Expenses for additional care can overwhelm families financially, and insurance coverage may not be enough.
• Long-term disability or reduced quality of life. Depending on the error, a patient may have to face ongoing treatment or may be permanently disabled. This often leads to a reduced quality of life and potential caregiving responsibilities for families.
• Psychological stress. Having to go to the hospital with one illness or injury is difficult enough, but an error can add to the emotional distress. If a patient is left with permanent consequences, the psychological impact can be high.

How can I protect myself when going to the emergency room?

When you go to the emergency room, try to bring an advocate with you. This person can act as a witness to your care and communicate with staff if and when you are unable to. Make sure you get the names of your care team and the physicians who are assigned to your case. You should also write down any medications you are given and tests or treatments that are performed.

How can I prove an error occurred?

Legally, there are four elements that must be proven for an emergency room error claim. First, you must establish that a doctor or facility owed you a duty of care and that they breached this duty by failing to provide you the accepted standard of care. Then, you must show you were harmed by this failure and suffered damages as a result. In Ohio, a qualified medical expert may also need to review your case and provide an affidavit of merit.

How do I prove fault?

Determining fault for an emergency room error can be challenging, and multiple parties may be involved depending on the unique facts of your case. A claim could include one or more of the following defendants:

• The hospital or medical facility where you received care
• The emergency room doctor who treated you
• Any attending nurses or medical staff on duty at the time of your visit
• The individuals responsible for handling your paperwork

An attorney can examine the evidence to determine if the standard of reasonable care was breached and by whom.

How long do I have to file a medical malpractice claim in Ohio?

In Ohio, you generally have one year to file a medical malpractice claim. However, when the clock starts depends on the facts of your case. It may start on the date the error occurred if you were aware of it, or on the day you realized (or reasonably should have realized) the error. Alternatively, the clock may start on the day your treatment and doctor-patient relationship ended.