Can Personal Injury Lawyer In Bradford File For Damages In Medical Malpractice In ER?
Have you ever imagined that a product you shopped for from a market recently may injure you beyond imagination? A lot of state laws protect the first responders of any medical emergency from lawsuits, liability and prosecution. A personal injury lawyer in Bradford can help you in determining if your case can be considered as a case of medical malpractice during emergency. But before you do that, here's a primer on everything you must know before filing a lawsuit for a medical malpractice case in an E.R.
Who Is Liable For Medical Emergency Malpractice?
As per injury lawyer in Bradford, if a patient gets injured because of a medical personnel in case of a medical emergency, the injury is attributed to either the first responder or more commonly, the doctors, nurses and other medical practitioners in the emergency room.
- First Responders Have Strong Protection -Most of the states have strong statutes in respect to medical emergency malpractices. These laws prevent the first responders of a medical emergency from getting sued. These people include ambulance crews, firefighters, and emergency medical practitioners. Although these laws protect first responders from most of the lawsuits, a first responder may be liable if he/she acts recklessly and blatantly negligent. In such a case, the employer of the first responder can directly be held liable for the latter's actions. Talk with your injury lawyer in Bradford about it.
- Normal Malpractice Rules Apply to ER Doctors and Nurses - The protection provided to first responders to prevent them from being frequently subjected to lawsuits, does not apply to doctors and nurses in an ER. In contrast to it, standard rules of medical malpractice apply to these people. However, because of the havoc and chaos prevailing in an ER, the mistake must be very severe and health jeopardizing to be legally considered as a medical emergency malpractice case.
- Hospitals Can Be Sued As Employers - Different from other medical malpractice cases, things are considerably more critical in an emergency case. In an emergency room, the rules of medical malpractice cases deviate from their standard point. These changes in the law are implemented because (1) the patient is going to the ER of a hospital and not to a particular doctor, and (2) the hospital fails to inform the patient that the doctor treating him/her is an independent contractor and not an employee of the hospital. This makes the hospital eligible for liability of medical malpractice and compensational claims.