Emergency room (ER) errors are a substantial problem and patient safety issue in healthcare across the country. Medical providers work in high-pressure environments, multitasking and handling urgent cases within a limited time. Some common mistakes result from incomplete information, communication issues among medical staff, overcrowded wait rooms, and staffing shortages.
If you suffered harm because of an error that involved a breach of the acceptable standard of care, you may pursue money damages with help from a knowledgeable medical malpractice attorney. Contact our Columbia emergency room error lawyer for help with your case.
What Are the Typical Types of Errors?
Diagnostic errors are the most common and often lead to severe outcomes, including death. Other examples of the mistakes include the following:
- Misdiagnosis, missing symptoms leading to delayed diagnosis, or failing to diagnose them altogether
- Delayed treatment or failure to treat, often the result of misdiagnosis or triage issues
- Medical mistakes, such as administering the wrong drug, incorrect dosage, or overlooking allergies and possible interactions
- Failing to identify symptoms of possible conditions and order or interpret the tests properly, including missing signs of internal bleeding or fractures
- Triage problems, such as failing to prioritize appropriately based on intake, and recognizing the severity of their illness or injuries
- Improper discharge and discharging patients too soon
- Failing to follow up with patients
- Lack of supervision of high-risk patients
- Procedural errors
Our experienced Columbia emergency room error attorney could conduct a thorough investigation and evidence analysis to determine the cause and the parties at fault, and then gather the vital evidence needed to get you the compensation you deserve.
Procedural Requirements
Medical practice lawsuits in South Carolina require a few additional procedural requirements. The first is the expert affidavit, called the “Affidavit of Merit,” which is a statement by a qualified expert witness, licensed in a relevant field of medicine, certifying that malpractice occurred. The affidavit must specify that at least one negligent act or omission occurred, provide a factual basis for the opinion, backed by evidence, and generally address how they breached the standard of care.
The second requirement is a formal “Notice of Intent to File Suit” (NOI), which our emergency room error lawyer in Columbia must prepare and send to the providers in question. The NOI must include a copy of the expert affidavit and initiate a mandatory 90 to 120-day mediation period that pauses the statute of limitations. The notice must include all providers’ names and a factual summary outlining how they violated the standard of care. Failure to file the expert affidavit or serve the at-fault party will result in dismissal of the claim.
Filing Deadline
While the NOI will pause the statute’s clock, you must prepare and file the case within compliance with the statute of limitations. Pursuant to South Carolina Code § 15-3-545, you have three years from the date the negligence occurred to commence legal action. If you were not aware of the malpractice right away, the time begins the day you reasonably discover the damages. When the medical provider is associated with a government entity, the statute of limitations is only two years.
Call a Skilled Emergency Room Error Attorney in Columbia Today
The ER is often crowded with patients who have severe injuries and illnesses. Unfortunately, that often leads to negligence-related errors, and patients suffer harm as a result. While not all errors are malpractice or grounds for a lawsuit, when they involve negligence, state laws allow you to initiate legal action to obtain a settlement.
Meet with our dedicated Columbia emergency room error lawyer to review your case and options, and learn more. Contact our team at Whetstone Perkins & Fulda for guidance, support, and help with your case.
