Going to an emergency room for medical care is supposed to provide you with care that can save your life, not harm you. Sadly, some people who seek help in an emergency room don't get the care they need for one reason or another. In these cases, the person might wonder if they have a claim for medical malpractice.
Emergency room errors can involve several different types of issues. You might not be properly diagnosed. You might be triaged as a non-priority case when you really have a life-threatening condition. You might not get the correct medications or treatments in the emergency room. You may end up being neglected while you are in the ER.
In all cases of emergency room malpractice, the standard of care that should apply to your case is a top priority. This standard of care is the basis of what you should have expected when you came to the emergency room. It takes into account the information the doctors have and the skill and training of the doctors.
If you find that your case wasn't handled properly during the time you were in the emergency room, you might decide that you are going to seek compensation. This might be a bit of a challenge, but it isn't impossible.
In some cases, such as medication errors, you might find that you can better prove what happened. If the pills you were given don't match what you should have been given or if you were written a prescription for the wrong medication or dosage, you might be able to prove your case a bit easier than if you had to prove that there was a failure to diagnose.
Source: FindLaw, "Emergency Room Malpractice - When Can You Sue?," Christopher Coble, Esq., accessed March 10, 2017