Hospital Malpractice Emergency Room Errors & Premature Hospital Discharge

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  1. A patient who is prematurely discharged from a hospital emergency room (“ER”) can suffer severe consequences. A medical professional who acts with negligence in the course of treatment in the ER can be liable for medical malpractice. This article will help you understand and identify negligent conduct in a hospital emergency room.

    Liability for Hospital Emergency Room Errors

    The manic, fast paced environment of the hospital emergency room creates a greater likelihood of error than in typical, calmer circumstances. This does not mean that emergency room errors should be more easily excused. Doctors, nurses and other medical professionals receive specialized medical training which should reduce the likelihood of errors and accidents from occurring.

    One of the most common errors in the ER is the premature discharge of a patient from a hospital or medical facility. If such occurs as the result of negligent conduct by the doctor or medical practitioner, a legal claim may be made for compensation. Monetary damages which may include lost wages and income, pain and suffering, reimbursement of medical expenses and payment as a result of wrongful death.

    Common Emergency Room Errors

    Some emergency room errors are the result of a doctor or nurse not taking a patient complaint seriously. Others may be the result of the treating physician being distracted in the ER or having their concentration impaired by a condition such as inadequate sleep. The following is a list of common emergency room errors that may result in an actionable claim for a premature discharge from the ER. Medical malpractice may have occurred when there is a failure to:
    • Conduct appropriate testing that would have been reasonable under the circumstances
    • Identify and/or diagnose a serious bacterial or viral infection
    • Diagnose a brain injury and/or recognize its symptoms
    • Adequately identify the symptoms of an aneurysm, stroke or heart attack
    • Diagnose the signs of obvious trauma to internal organs such as the spleen, abdomen or liver
    • Note or recognize a psychiatric problem of the patient (typically suicidal thoughts or other statements of self-infliction of harm)
    • Refer patients for further treatment or specialized testing or observation
    • Behave in a manner that conforms to accepted standards of professional conduct (such as wrongfully accusing a patient of taking drugs or exaggerating symptoms)

    Legal Issues, Lawyers and Lawsuits

    Answering a question as to whether medical malpractice has occurred in a hospital emergency room will typically require expert knowledge and experience. It is important to seek out the advice of an experienced medical malpractice attorney in a timely fashion since the statute of limitations in your state may bar a legal claim after a period of time. In many instances a legal consultation will be free and it can help you educate yourself on whether a claim exists and the best way to move forward.
    Health, Medical & Social:
    Hospital Malpractice

    Michael Wechsler

    Michael Wechsler
    Michael M. Wechsler is an experienced attorney, founder of, A. Research Scholar at Columbia Business School and of-counsel to Kaplan, Williams & Graffeo, LLC. He was also an SVP and chief Internet strategist at and legal consultant at Kroll Ontrack, a leading service e-discovery and computer forensics service provider.


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    I had a spine intervention and pain management and he released me because there were misrepresented words such as me being a former smoker, that I'm a chronic opiate anagesic user, and during my 4 minute exam he did not examine the progressed pain, the left hand with electric shock as well as both toes big one are numb, i have degenerated disc disease and facet with spinal. Neuropathy. He decided to take away the one mild 7.5 percent as needed to deceede. My last appt. I arrived an 11/2 hours early spent 26 miles to receive a release letter of care saying I was inappropriate with his staff. The staff placated me since July 27,17 to change the errors on my care documents and that I would have a call back. I never did. My patient bill of rights. I'm in so much pain . I went to the we with the increased pain in the lumber area, more than I ever had and never received an mri. My blisters I had on my feet, nothing was done. Nothing. I received mobic for my spine and shoulder. I complained to the er director and same result but worse the rent a cops called the cops saying I wasn't allowed to be on the property. I received permission from the reception lady and when she came out to say I had permission the er cop told her to go back in the outpatient surgery unit. I asked the police to go and investigate the reception lady and have said no. I had a follow up letter to hand to write director. No success. Misconduct against a disabled man 40+. David Mitchell
    6785905651. It's recorded to.the misconduct