If you sustained one or more serious injuries as the result of an accident or act of negligence, you expect the healthcare workers taking care of you in the emergency room to diagnose and treat your injuries without any issues arising. Unfortunately, healthcare workers in emergency rooms throughout the United States make mistakes that turn bad situations into something much worse, as a slip and fall lawyer knows all too well.

Medical malpractice is the third most common cause of death in the United States each year, with one study reporting an average of 250,000 fatalities. Another study conducted right before the onset of the COVID-19 pandemic showed more than 85 million Americans went through a negative experience with a healthcare provider. Although hospitals contend that emergency room personnel are under intense pressure and substantial time constraints, this does not mean emergency rooms are immune from the legal ramifications of committing one or more acts of medical malpractice. If emergency room personnel cause you harm, you have the right to sue the hospital for medical malpractice.

What Are The Most Common Types Of Medical Malpractice In Emergency Rooms?

Can you sue an emergency room for negligence? The answer is yes, but first, your attorney must discover what type of negligence caused you harm. According to our friends at Herschensohn Law Firm, PLLC, here are the three most common types of negligence committed by emergency personnel.

Surgical Error

The pressure of working with little or no time plays a significant role in emergency room personnel committing surgical errors. From repairing a damaged spinal cord to stopping the bleeding from a massive wound, a surgical error can turn a medical procedure into a life-threatening condition. Surgical errors include performing the wrong type of surgery, as well as performing surgery at the wrong place on the body.


From 2013 through 2017, almost one-third of all medical malpractice lawsuits involved some form of a misdiagnosis. An incorrect diagnosis can lead to the recommendation of a treatment that does much more harm than good. Emergency room personnel work under the most pressure of any other healthcare worker, and the pressure can lead to diagnostic mistakes. Your personal injury lawyer requests the results of diagnostic tests to determine whether this step in the medical care process caused you harm.

Inaccurate Medication Prescriptions

Medication mistakes can occur at two points during the medical care process. First, the personnel in the emergency room can prescribe the wrong drug. Second, the pharmacist handling your prescription drug request might make a mistake by counting out the wrong type of medication. The negative consequences of taking the wrong medication include becoming addicted to a drug and/or suffering from a serious adverse reaction. These are especially harmful issues for patients who take pain medications.

Be Proactive By Hiring An Experienced Personal Injury Attorney

Seeking justice after falling victim to one or more acts of medical negligence requires a lawyer. However, you should act with a sense of urgency by contacting a personal injury lawyer who is an experienced medical malpractice litigator. Your attorney conducts a detailed investigation to determine whether one or more of the four elements of medical negligence has taken place. Hiring a personal injury lawyer also ensures you take legal action before the expiration of the statute of limitations.