If you have been injured due to emergency room medical malpractice, it can be difficult to know who is at fault. First responders, ER doctors and the hospital itself each play a part. Understanding their individual roles can help determine who may be liable.
Who is at Fault?
First responder crews may be protected from lawsuits by certain laws. Most states, including NJ, have these laws to safeguard the way emergency services are run. However, these crews can still be held responsible for causing you undue harm. To be liable, they need to have been intentionally reckless.
For emergency room personnel, normal medical malpractice rules are used. Put simply, if a doctor makes a mistake that a different doctor in the same situation would not make, then the doctor who made the error could be liable. Usually, the doctor needs to have made a severe mistake to be found liable in the ER. This is mainly due to the way emergency rooms effect a situation.
The hospital itself can also be liable in ER medical malpractice cases. In emergency room situations, the patient is not entering the hospital to see a specific doctor. He/she has gone to receive care from the hospital and whoever is working there at that time. This rule can make the hospital liable for a doctor’s mistakes. However, if the doctor is not an employee of that hospital and the patient knows this. The doctor will still be liable for his or her mistakes, while the hospital is excused.
Contact the New Jersey attorneys at Targan & Pender, P.C. if you are harmed due to an ER mistake.