The emergency room often serves as the first line of defense for patients facing severe or life-threatening injuries. Yet, many hospitals across the country are struggling to meet that demand, causing unnecessary delays in the ER. When these systemic problems result in unnecessary delays in emergency care, the outcome can be devastating for patients. In some instances, it may give rise to a medical malpractice lawsuit. In this post, we will discuss when an ER delay becomes medical malpractice, whether or not you can file a lawsuit, and how our medical malpractice attorneys can help you get maximum compensation.
What Are Unnecessary Delays in the ER?
Not every delay in the emergency room qualifies as malpractice. In many cases, longer wait times are caused by high patient volume or limited resources. However, when delays occur due to preventable errors, miscommunication, or a failure to follow standard procedures, they may be considered a form of emergency room negligence.
Common causes of unnecessary ER delays include:
- Understaffed: The National Library of Medicine reports that nearly all emergency departments (98.5%) experience ongoing nursing shortages, with many lasting over a year. These staffing issues have led to dangerous consequences, from increased “left without being seen” rates and financial losses for hospitals.
- Non-Emergency Patients: Some patients choose to go to the ER instead of urgent care, causing the emergency room to become overcrowded. The NCQA states that “up to 60% of all emergency department visits remain non-urgent and potentially unnecessary. Unnecessary use leads to overcrowding, increased wait times, and a resulting inability of hospital staff to provide efficient, high-quality care to patients with truly emergent conditions.”
- Inefficient Triage or Administrative Errors: When staff fail to properly prioritize cases or make administrative mistakes that delay care, patients with severe conditions can suffer devastating outcomes. These errors are often preventable and may amount to emergency room negligence.
- Diagnostic or Testing Delays: Delays in ordering imaging, lab work, or consulting specialists can lead to missed or late diagnoses. When these lapses stem from poor communication, lack of protocol, or staff oversight, they may fall under ER delay malpractice.
- Communication Breakdowns: Miscommunication between medical staff is one of the most common and preventable sources of ER delays. A failure to clearly share information or follow up on test results can lead to treatment delays that cause lasting harm.
These systemic issues may not always rise to the level of malpractice, but when negligence directly contributes to a serious injury or wrongful death, patients and families may have grounds for legal action.
When an ER Delay Becomes Medical Malpractice and How Liability Is Proven
To build a valid medical malpractice claim, patients must demonstrate that medical professionals failed to meet the accepted standard of care, which is the level of skill and attention a reasonably competent provider would have provided under similar circumstances.
In the ER, where every second counts, even brief lapses can have life-altering effects. Examples of malpractice-level delays include:
- Failing to diagnose or treat a heart attack or stroke promptly
- Delaying essential imaging or lab tests that could reveal a critical condition
- Ignoring or overlooking a patient’s worsening symptoms while waiting for evaluation
To establish liability, your attorney must prove that:
- A duty of care existed between the patient and the provider
- The duty was breached through negligent action or inaction
- The delay directly caused measurable harm
- The harm resulted in damages such as medical expenses, lost income, or pain and suffering
These cases often rely on expert medical testimony to demonstrate how a delay deviated from accepted medical standards and led to an injury. Those potentially responsible can include doctors, nurses, hospital administrators, or other emergency staff.
Attorneys With ER Negligence Expertise
At Bostwick & Associates, our award-winning medical malpractice attorneys have extensive experience handling complex cases involving hospital negligence. We collaborate with trusted medical experts to identify the root cause of the issue, determine liability, and advocate for the maximum compensation to which our clients are entitled.
If you believe an ER delay caused you or a family member harm, contact Bostwick & Associates for a free, confidential consultation. Our team is here to help you pursue justice and hold those accountable.