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Hawaii Emergency Room Error Lawyers

Injured Due to ER Negligence or Malpractice?

When a visit to the emergency room results in preventable treatment errors that harm the patient – or worse, result in death – it is time to call our Hawaii ER malpractice attorneys at Davis Levin Livingston to seek justice. You will need strong legal support on your side to obtain fair compensation for any harm that was caused by negligent behavior, a lack of reasonable care, or other medical mistakes in the emergency room.

There is no reason why you should suffer when an emergency mistake is made. Additional medical treatment, rehabilitation therapy, home care, and other needs can add up to excessive financial stress and emotional distress. Negligent behavior, whether deliberate or accidental, is wrong. If such behavior caused harm to you or someone you love after seeking care in an ER, you have the right to seek fair compensation for your injuries.

Discuss your case with our emergency room error attorneys today in a free consultation. You can reach us at (808) 740-0633 or send us a message online.

Common Examples of Emergency Room Errors

Heading for an emergency room means you are seeing doctors and nurses who are unfamiliar with your medical history; this alone can lead to some types of errors. Poor communication between doctors is another common point at which an error could occur. In the rush to treat injured patients, even obvious problems could be overlooked. 

Common examples of emergency room malpractice include:

  • Misdiagnosis or delayed diagnosis: Emergency room physicians may fail to accurately diagnose a serious condition such as a heart attack, stroke, or internal bleeding, leading to delayed treatment or improper care.
  • Medication errors: This can include prescribing the wrong medication, administering incorrect dosages, or failing to account for drug interactions, potentially causing harm to the patient.
  • Surgical errors: In emergency situations requiring surgery, mistakes such as performing the wrong procedure, operating on the wrong body part, or leaving surgical instruments inside the patient can occur.
  • Failure to treat: Emergency room staff may neglect to provide appropriate treatment or fail to recognize the severity of a patient's condition, leading to worsening health outcomes.
  • Misinterpretation of test results: Errors in interpreting diagnostic tests such as X-rays, CT scans, or laboratory tests can lead to misdiagnosis or inappropriate treatment.
  • Lack of informed consent: Physicians may fail to adequately inform patients or their families about the risks and benefits of a particular treatment or procedure before obtaining consent.
  • Discharging a patient prematurely: Releasing a patient from the emergency room before their condition has been adequately stabilized or treated can result in complications or exacerbation of their illness or injury.

These are just a few examples, and emergency room malpractice cases can involve a wide range of scenarios where medical professionals fail to meet the standard of care expected in emergency medical situations. 

If you suspect that you or a loved one has been a victim of emergency room malpractice, it's crucial to consult with a qualified ER malpractice lawyer in Hawaii to discuss your options.

How Do I Prove My Case?

Proving an emergency room malpractice case can be complex, as it requires demonstrating that the medical professionals involved failed to meet the appropriate standard of care, and that this failure directly caused harm to the patient. 

In order to prove an ER malpractice case, you and your lawyer will need to:

  • Gather evidence: Collect all relevant medical records, including admission records, test results, treatment notes, and discharge summaries. These documents will provide crucial information about the patient's condition, the care they received, and any deviations from the standard of care.
  • Consult with medical experts: Medical expert testimony is often essential in malpractice cases to establish the standard of care applicable to the situation and to demonstrate how the defendant's actions or omissions deviated from that standard. Expert witnesses can review the medical records, provide opinions on the care provided, and testify in court if necessary.
  • Establish the standard of care: Determine what a reasonably competent emergency room physician or medical professional would have done under similar circumstances. This may involve referencing medical guidelines, protocols, and accepted practices in emergency medicine.
  • Show breach of duty: Demonstrate how the defendant(s) breached the standard of care. This could involve showing errors in diagnosis, treatment, medication administration, surgical procedures, communication, or other aspects of care.
  • Prove causation: Establish a direct link between the defendant's breach of duty and the harm suffered by the patient. This requires demonstrating that the patient's injuries or adverse outcomes were a foreseeable consequence of the defendant's actions or omissions.
  • Document damages: Document the extent of the patient's injuries, including physical harm, emotional distress, financial losses, and any long-term consequences of the malpractice. This may involve obtaining medical opinions, expert testimony, and financial records.
  • Consider alternative explanations: Anticipate potential defenses and alternative explanations for the patient's injuries. Be prepared to counter these arguments with evidence and expert testimony supporting your case.

Proving an emergency room malpractice case requires thorough preparation, expert analysis, and strategic advocacy. Working with experienced ER malpractice attorneys who understand the nuances of these cases can significantly improve your chances of success.

Turn to Davis Levin Livingston for Help

Our Hawaii emergency room error attorneys at Davis Levin Livingston are ready to help you sort through your treatment experience and determine the merits of making a claim to recover fair compensation for your injuries. When negligence is a factor that caused you harm, it is in your best interest to seek justice. 

Our lawyers are experienced in winning medical malpractice cases throughout Hawaii; we have recovered millions of dollars in compensatory awards and settlements for clients.

Take the first step today. Call our firm at (808) 740-0633 or contact us online to get started on your case with a free and confidential consultation.

Four Decades of Record Breaking Victories

  • $29,400,000 Medical Malpractice

    Physicians at Tripler Army Medical Center failed to order a crucial test that would have detected a twisted gut in a 1-month-old baby, resulting in the loss of 95% of the baby's small intestine and leading to lifelong disability.

  • $9,500,000 Medical Malpractice

    Surgeons at Tripler Army Medical Center reattached the small intestine backward during gastric bypass surgery, leading to complications that ultimately resulted in the death of a 31-year-old Army wife and mother of three.

  • $9,000,000 Medical Malpractice
  • $9,000,000 Medical Malpractice
  • $6,500,000 Medical Malpractice
  • $5,600,000 Medical Malpractice
  • $5,000,000 Medical Malpractice
  • $4,250,000 Medical Malpractice
  • $1,800,000 Medical Malpractice

Why Davis Levin Livingston?

  • Available by phone 24/7 & ready to help.
  • Secured tens of millions of dollars on behalf of our clients.
  • Highest malpractice judgment in U.S. history against a military hospital.
  • Includes an experienced medical team including a nursing staff to answer your questions.
  • Mark Davis and Mike Livingston have been recognized as some of the best lawyers in Hawaii.
  • Resources available to advance your expenses; no cost or fees unless Davis Levin Livingston wins your case.

Dedicated Legal Counsel You Can Count On

Helping Families throughout hawaii for over 40 years
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    Truly a wonderful experience with everyone at the firm. I can't thank you enough for helping provide closure for my family and me during this process. The absolute best firm in Hawaii. Compassion and professionalism at its best!
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  • "After doing extensive research I knew that Davis Levin Livingston was the firm for me due to the success they have had in cases like mine."
    After doing extensive research I knew that Davis Levin Livingston was the firm for me due to the success they have had in cases like mine. What surprised me was their personal touch. In the 3
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