The flashing lights, the hurried footsteps, the raw fear hanging in the air— an emergency room visit is rarely a walk in the park. You’re there, putting your trust in the hands of medical professionals, expecting swift action and life-saving decisions. But what happens when that trust is broken? When does the chaos of the ER lead to a mistake that changes everything? If you’ve ever wondered about the hidden dangers within those bustling walls and your rights when things go wrong, you’re in the right place.
What Are the Most Common Emergency Room Errors?
Emergency room errors refer to preventable mistakes healthcare professionals make during a patient’s diagnosis, treatment, or care in an ER setting. These errors may result from negligence, miscommunication, understaffing, or failure to follow standard procedures. Some of the most common emergency room errors include:
- Misdiagnosis or delayed diagnosis—failing to recognize a life-threatening condition like a stroke or heart attack;
- Medication errors—administering the wrong drug, wrong dose, or failing to check for allergies;
- Charting or communication errors—missing key symptoms or failing to communicate them across the care team;
- Delays in treatment—failing to triage and treat a critical condition promptly; and
- Failure to order appropriate tests—neglecting to run labs or imaging that could have revealed a serious issue.
Each can lead to worsened outcomes, unnecessary complications, or tragic loss. In many cases, these aren’t just “accidents.” They are potential legal claims.
Why Do Errors Happen?
Emergency rooms are high-pressure environments where seconds matter. While most medical professionals work diligently to provide proper care, systemic issues and individual negligence can increase the risk of mistakes. Key reasons emergency room errors occur include:
- Overcrowding. High patient volume may lead to rushed evaluations and overlooked symptoms.
- Inadequate staffing. When ERs are short-staffed, the risk of burnout and miscommunication rises.
- Lack of follow-through. In busy ERs, critical information may be lost during patient handoffs.
- Inexperienced personnel. Newer residents or nurses may lack the experience to recognize subtle signs of serious illness.
- Faulty protocols or technology. Malfunctioning equipment or outdated recordkeeping systems can contribute to missteps.
These issues create conditions ripe for error. While not every poor outcome results from malpractice, many occur due to lapses that fall below the accepted medical standard of care.
Who Can Be Held Responsible for Emergency Room Errors?
Liability doesn’t fall on a single individual. In many cases, multiple parties share responsibility for what went wrong.
Depending on the situation, patients may bring a claim against:
- The attending physician or surgeon,
- Nurses or other hospital staff,
- Radiologists or lab technicians who misinterpret results,
- The hospital or ER facility itself for systemic failures, or
- Third-party providers contracted with the hospital.
Each case requires a close review of the medical records and expert evaluation to determine whether malpractice occurred and who should be held accountable.
Legal Requirements for a Malpractice Claim in Maryland
To pursue a lawsuit for an emergency room error, a patient must demonstrate that:
- A provider-patient relationship existed,
- The care fell below the standard expected of a reasonably competent medical professional under similar circumstances,
- That failure caused or contributed to the patient’s injury, and
- The patient suffered measurable damages.
Maryland also requires the filing of a certificate of a qualified expert within 90 days of the defendant’s answer to the lawsuit. This certificate confirms, under oath, that the plaintiff’s claim is supported by a medical professional who reviewed the records and believes a deviation from standard care occurred.
What Is the Time Limit to File a Claim?
Maryland applies a unique statute of limitations for medical malpractice. A lawsuit must be filed within the earlier of:
- Five years from the date the injury occurred, or
- Three years from when the injury was discovered.
If your injury was immediately apparent, such as after receiving the wrong medication, you likely have three years from the date of the incident. But if complications appear months later, you may have more time. Still, the five-year mark is a hard limit and cannot be extended.
When Should You Talk to an Emergency Room Errors Lawyer?
If you believe a preventable mistake occurred during your emergency room visit, speaking with an emergency room errors lawyer can be a critical first step. Medical malpractice cases are highly technical and require prompt action. A qualified attorney can help:
- Gather your medical records,
- Consult with independent medical experts,
- Determine whether the standard of care was breached,
- Calculate damages and potential compensation, and
- Guide your case through Maryland’s legal process.
Starting early increases your chances of preserving evidence and avoiding missed deadlines.
Why Patients Choose Brockstedt Mandalas Federico
At Brockstedt Mandalas Federico, our attorneys are known throughout Maryland for handling high-stakes medical malpractice claims, including complex cases involving emergency room errors. We’ve successfully represented victims and families in some of the region’s most serious and medically complicated matters. With our blend of litigation skills, strategic medical insight, and unwavering client focus, we’re proud to offer the kind of representation few firms can match. Our clients trust us for our results because we treat every case like it matters.
Talk to a Lawyer Who Understands What You’re Going Through
If you or someone you love has been harmed by an emergency room mistake, don’t wait to find out if you have a claim. A single decision could shape your health and finances for years to come. Contact Brockstedt Mandalas Federico today to discuss your options with a team that knows how to hold hospitals and providers accountable.
Phil Federico is a partner at Brockstedt Mandalas Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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