Omaha Emergency Room Errors Lawyer
The fast-paced nature of the ER can lead to more oversights, confusion, and mistakes than other medical settings. In fact, in a study reported by the National Center for Biotechnology Information, approximately 1,900 emergency room patients were studied for a period of seven days.
During that time, 400 mistakes were found at every level of ER care, and seven patients suffered serious injuries. With millions of people in need of emergency room services each year, the US will see hundreds of thousands of patients suffering injuries from emergency room mistakes.
For those who trusted the medical community in a time of urgency and now face injuries, the feelings of betrayal and hopelessness can be overwhelming. Omaha emergency room errors lawyers at Inkelaar Law understand the complicated circumstances surrounding emergency room accidents. Contacting a trusted medical malpractice attorney could help you seek the damages you deserve following an accident at the hospital.
Statute of Limitations for Emergency Room Errors
Nebraska Statute §25-222 explains that those planning to file an injury claim due to an ER mistake have two years. For those injured in a hospital, the clock begins ticking the minute of release. However, an extension could be made beyond this date if the injury was only first discovered after the two-year window. Regardless of when the injury occurred, all cases must be filed within ten years from the date of the incident. Statutes of limitations are very strict and if someone was injured by an emergency room error in Omaha, they should consult with an Omaha emergency room errors lawyer do not miss your opportunity to file a claim.
Understanding the Role of Medical Review Panels
Medical malpractice claims are required to be reviewed by a medical panel before they can proceed to court. It is the medical review panel’s responsibility to issue an opinion about whether the medical staff involved failed to act according to the medical standards expected.
However, acceptable levels of care vary according to the particular medical situation. For example, due to the nature of the ER, attending physicians may not be expected to have a duty to the patient beyond the initial emergency treatment. If the patient leaves the emergency room and later develops complications, it may be expected that the patient should have followed up with a specialist.
What Elements Will the Panel Consider?
The panel will evaluate all evidence and medical reports, and enlist medical experts to come to one of three possible conclusions:
- The defendant failed to provide the appropriate standard of care and this directly resulted in the plaintiff’s sickness or injury
- The defendant involved met the applicable standard of care required under the circumstances
- The issue does not require expert opinion and should be determined by the court or jury
Although the decision of the panel is not binding, it can be used by either the defendant or the plaintiff as evidence in court. The injured party has a right to waive the board review requirement, leading many to question whether it is a requirement at all. For those planning to file a medical malpractice claim in Omaha, it is important to consult with a Omaha emergency room errors lawyer at Inkelaar Law who understands emergency room errors before choosing to waive their rights to a panel review.
Omaha Emergency Room Errors Attorneys Can be Advocates
If you suffer from an injury or illness after a visit to the emergency room, it is important to get in touch with an Omaha emergency room errors lawyer. Our lawyers at Inkelaar Law understand the emergency room errors laws in Omaha and could help answer questions and advise you of the next steps to take. Do not leave your financial future in the hands of the unqualified. Call us today. We offer a free consultation to better help you understand your rights and options. We can help you determine your next steps.