Emergency rooms treat millions of patients each year. According to the Centers for Disease Control and Prevention (CDC), there were 139.8 million emergency department visits in 2021 (the most recent year for which such data is available). To examine this data from a different perspective, 42.7 visits happen for every 100 people per year. Emergency care is a critical element of our healthcare system, as the doctors, nurses, and medical professionals in these environments are typically the first to diagnose serious illnesses, refer patients to specialists, or admit individuals to the hospital for continued monitoring. Some patients enter the ER with life-threatening injuries or issues, such as heart attack or stroke symptoms, which can translate into a busy and somewhat chaotic environment. Unfortunately, ER medical professionals may overlook symptoms of serious health issues or misdiagnose a patient’s condition, which can lead to further complications, injuries, or even death. When a healthcare professional’s negligence or errors in the emergency room trigger adverse complications or injuries, the patient may be entitled to legal remedies and compensation for the losses they suffer as a result. 

If you or someone you love has been injured at the hands of a negligent emergency room doctor, it is essential that you explore your available legal options. As Seattle’s go-to medical malpractice law firm, Menzer Law Group understands the stress and emotional complexities you may be experiencing during this overwhelming and daunting time. We proudly provide a complimentary case review to help you and your family begin your legal journey. We believe in selecting our cases carefully so that we can provide every client with the individualized attention they deserve. Let’s take a closer look at how ER malpractice cases typically unfold in Washington state and the steps you can take to maximize your chances of securing the fair and favorable outcome you deserve.

Recognizing ER Misdiagnosis Cases in Washington State

Just because your condition worsened after your visit to the emergency room does not automatically mean that you were subjected to ER negligence or medical malpractice. So, what qualifies as ER misdiagnosis in Washington state? It’s helpful to understand some of the most common emergency room errors that can lead to severe outcomes, such as untreated or exacerbated medical issues, disabilities, or even death. Below are just a few types of ER mistakes that may entitle you to compensation and other legal remedies in Washington state.

Delayed Diagnosis or Misdiagnosis

When a patient comes to the ER, it’s up to the doctors to examine their symptoms, order tests, and diagnose the condition or injuries so that the patient can receive the necessary treatment, interventions, or therapies. If the ER workers fail to recognize the signs of a serious medical issue like pneumonia, infection, stroke, or heart attack, the patient may not receive the critical care they need in a timely manner that stops these symptoms or prevents the condition from getting worse. For instance, if someone comes to the ER complaining of slurred speech or numbness in the face and the doctor fails to correctly diagnose the stroke, the patient may suffer permanent damage. As a result of this delayed or failed diagnosis, the patient may be permanently disabled and require extensive, ongoing medical treatment. If this experience has happened to you or your loved one, you may be able to file a medical malpractice claim to recover the compensation you need to cover the costs of the medical bills, physical therapy bills, lost wages, and other unanticipated expenses stemming from the ER misdiagnosis.

Medication Errors

Doctors and nurses who work in the ER must provide the appropriate medication and the correct dosage to minimize the risk of any complications. When a doctor prescribes a new medication to a patient in the ER, they must determine whether the new drug could interact with any other medications the patient is currently taking. Moreover, they need to be certain that the medication they are prescribing is suitable for the patient’s condition—in other words, that the doctor has accurately diagnosed the patient and the recommended medication is appropriate for treating their illness or diagnosis. ER malpractice claims can arise from medication errors, incorrect dosages, adverse medication reactions, and other foreseeable issues that the negligent healthcare provider may have missed.

Treatment Errors or Failure to Monitor the Patient

When someone is in the ER, the employees are obligated to uphold the duty of care owed to those they treat. This means doctors, nurses, and other members of the ER staff must regularly monitor the patient and provide appropriate treatment in a timely manner. Any instances of treating the patient inappropriately may trigger a medical malpractice lawsuit against the negligent worker. For example, an ER doctor that diagnoses a patient’s condition but provides the wrong medication, surgery, or treatment may be subject to a medical malpractice claim for their failure to uphold the duty of care owed to the patient. Or, if ER workers failed to monitor the patient’s vital signs, which led to a heart attack, stroke, or other severe medical event, the patient or their family member may be able to file a medical malpractice claim against the negligent party.

Can You Sue an Emergency Room for Misdiagnosis in Washington State?

It’s natural to ask the question, “Can you sue for being misdiagnosed in an emergency room?” Generally speaking, Washington allows injured parties the right to pursue compensation from the party responsible for causing the injury, whether through negligence or wrongdoing. Emergency room malpractice happens when doctors, nurses, or other healthcare professionals in the ER setting fail to provide the standard of care that a reasonably competent medical provider of the same speciality area (in this case, emergency medicine), would have provided under similar circumstances. In order to file a medical malpractice claim in Washington, the plaintiff must prove four key elements, outlined below.

Duty of Care

First, you will need to show that the medical professional overseeing your treatment owed you a duty to provide competent care. In other words, you visited the ER to receive medical care from a licensed healthcare provider. Essentially, you need to demonstrate evidence that a doctor-patient relationship existed, and that this medical professional owed a duty of care to you, their patient.

A Breach of Duty Occurred

Once you have established that a doctor-patient relationship existed, you can show that the healthcare provider failed to uphold their duty of care. You and your attorney can present evidence showing that the doctor, nurse, or treatment provider failed to meet the standard of care expected of them. For instance, you may include medical records to show that the provider did not diagnose your condition or misdiagnosed your condition, which constitutes a failure of the duty of care owed to you. You can also claim that an otherwise reasonable and competent medical provider in a similar situation would have succeeded in diagnosing and treating the condition. Using the testimony of expert witnesses can help you provide evidence of the at-fault party’s failure to diagnose the condition. 

The Breach of Duty Caused Your Injuries

Next, you and your attorney can draw a clear line between the ER professional’s misdiagnosis and the injuries you suffered as a result of their medical negligence. This element of a medical malpractice claim requires a substantial amount of clear and compelling evidence, such as medical records, expert witness testimony, personal accounts of the harm you suffered, and other documents that can attest to your injuries. Ultimately, your goal is to show that the ER doctor misdiagnosed your condition and that this mistake subjected you to further harm or injury as a result. 

You Are Entitled to Damages

The final component of a successful medical malpractice claim is illustrating that the patient suffered certain and quantifiable harm due to the medical provider’s breach of duty. In other words, the ER misdiagnosis led to adverse health events that affected you financially, emotionally, and psychologically. You can justify your request for compensation by showing the clear costs of your injuries (i.e., medical bills, lost wages, and other economic losses) and the psychological impact of this traumatic experience (i.e., anxiety, depression, post-traumatic stress disorder, insomnia, and other adverse symptoms). Your dedicated and caring medical malpractice attorney will work with you to prepare a compelling claim that maximizes your settlement offer to ensure that you can obtain the compensation you need to support your recovery journey.

Learn More About ER Misdiagnosis Cases Today

If you believe that you have been misdiagnosed in an emergency room, it’s important to understand your legal rights and explore the potential remedies available to you. Taking certain steps, such as seeking a second opinion, keeping detailed records of symptoms and treatments, and consulting with a medical malpractice attorney, can improve your chances of obtaining a fair and favorable outcome. As you begin to put your life back together, it’s essential that you advocate for your rights and pursue the compensation you need to enjoy a bright and stable future. 

Claims involving emergency room malpractice tend to be complex and challenging to prove. However, Washington state laws allow individuals harmed by misdiagnosis or other medical errors to obtain compensation for their injuries and losses. At Menzer Law Group, we carefully review every case to ensure that it aligns with our areas of expertise. Please call our Seattle office today at (206) 903-1818 for a complimentary case review.