Special Provisions for Emergency Room Treatment

special provisions

Special and varying rules apply to the delivery of emergency medical care in different states. Whether or not a person can bring a successful legal action against emergency medical personnel depends on which medical professional acted negligently. Overall, it is important to realize that there are different rules that govern the actions of first responders as well as doctors, nurses, and other medical professionals in the emergency room.

If you or your child sustained injuries and you suspect poor emergency care is to blame, please call Stern Law, PLLC at (800) 462-5772 today. We can review your claim and provide resources to help you and your family take action to move forward together.

First Responders

There are in many states increased protections in place for, so-called, first responders. Specifically, several states have adopted special laws to protect this group of individuals in order to ensure that emergent care is available as soon as possible. This does not mean that a legal action can never be maintained successfully against a first responder, though it may require more than simple negligence or intentional actions under most circumstances. However, the emergency room is a completely different story.

Emergency Room Staff

In general, and there may be variations in your state, normal medical malpractice provisions apply to medical professionals in an emergency room. This means that the practitioners are required to act in a way that is customary for a competent practitioner acting in a reasonable manner under the same circumstances and in accordance with the medical standard of care. However, the inclusion of the qualifier “under the same circumstances” does change the analysis slightly.

The emergency room involves rapid decision-making rather than careful consideration and consultation. Therefore, this situation must be factored into the negligence analysis for those states wherein this is the law. In addition, the “exigent circumstances exception” to the disclosure requirements applies in an emergency room. This means that you may not be provided with all of the details about the proposed treatment and any alternative options.

When facing otherwise preventable medical conditions and injuries caused by negligent emergency room professionals, families often find themselves faced with misinformation about how they have no recourse against the emergency room. Stern Law, PLLC is prepared to protect your rights. Please call (800) 462-5772 to discuss your claim for free today.

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