Lincoln Emergency Room Errors Lawyer
Most of us have visited an emergency room at least once in our lives. Perhaps you were there for a child or other loved one or maybe it was you who needed urgent medical care. Emergency rooms are important places, offering 24-hour immediate health services. However, many ERs have crowded waiting rooms, rushed staff, and long wait time.
In fact, a study published by the Centers for Disease Control and Prevention reports that the average visit to the emergency room takes at least two hours. Although most of us receive the services we need and returned home to recover, many do not. Instead, patients return home to face an increased duration of injury, worsening of a condition, new illnesses and injuries, or bacterial infections. Some emergency room errors can even be fatal.
If you or a loved one experienced any of the above immediately following an emergency room visit in Lincoln, contact our medical malpractice attorneys at Inkelaar Law to discuss the details of your emergency room error case. A Lincoln emergency room errors lawyer can answer your questions and help you plan your next steps.
Limitations on Emergency Room Error Claims
The Nebraska Hospital-Medical Liability Act limits the total medical malpractice damages award you can receive. Statute §44-2825 lists the damage awards, which vary according to what year the injury took place. Injuries that took place after 2014 currently have the highest cap of $2.25 million.
The act also financially protects health-care providers, who are not personally responsible for more than $500,000 of any award. Any judgments exceeding this amount are paid by the Excess Liability Fund. The fund is created through annual surcharges paid by qualifying health care providers.
If a medical malpractice case goes to trial, Nebraska evaluates each case based on the premise of how much the claimant contributed to their own injury. The claimant’s damages will be reduced in proportion to their share of negligence. Additionally, a plaintiff could be prohibited from recovering any compensation if their negligence was found to be greater than that of the defendants. Therefore, it is important that you contact a Lincoln emergency room errors lawyer at Inkelaar Law.
Liability in Lincoln
Our skilled emergency room errors lawyers at Inkelaar Law in Lincoln can help you gather evidence necessary to prove your injury. We can help you with treatment records, hospital bills, and other records of follow-up care that may be needed. Our experienced lawyers can also help you file argue your claim. To prove a claim, you must be able to prove three basic elements.
The Doctor-Patient Relationship
This will normally not require proof beyond ER admittance records. Treatment charts may be used to show that treatment was taking place when the error occurred.
The Emergency Room
The doctor’s actions will be evaluated to see whether they followed an expected course of action for an emergency room setting. This usually requires expert medical testimony. An emergency room attorney has access to various medical experts appropriate for each situation who could provide the court with a professional evaluation of what should have been done and what occurred.
The Patient was Harmed
You must demonstrate that you suffered harm due to the ER doctor’s inability to provide adequate care. This can be physical harm such as a worsened injury or infection, emotional harm such as PTSD, or financial harm.
Our Lincoln Emergency Room Errors Attorneys Advocate for Victims
If you were harmed by emergency room treatment or suffer an injury due to the mistake of another medical professional, you do have recourse. If the hospital or doctors are not answering your questions, call Inkelaar law to speak with our lawyers immediately to determine your eligibility for an emergency room errors claims in Lincoln.
Emergency rooms can be hectic, overcrowded, and fast-paced, however, a Lincoln emergency room errors lawyer know this does not excuse mistakes that cause injury to patients. Make sure your rights are protected. Call us today.