Emergency physicians have a distinct set of legal and professional obligations that differ from what’s expected of a general physician or surgeon. When they fail to meet these requirements, they may be responsible for violating accepted medical standards and liable for any medical malpractice that results.
EMTALA Screening Requirements
Federal law imposes a baseline obligation on every hospital that accepts Medicare funding, which includes most emergency departments in the country. Under the Emergency Medical Treatment and Labor Act (EMTALA), hospitals must provide a medical screening examination to anyone who seeks medical attention at the emergency department. They must satisfy this obligation regardless of the patient’s ability to pay, their insurance status, or the nature of their complaint.
The screening must be sufficient to determine whether an emergency medical condition exists. If one does, the hospital is required to either stabilize the patient or arrange an appropriate transfer to a facility capable of treating the patient. Discharging or transferring a patient with an unstabilized emergency condition can run afoul of EMTALA and may expose the hospital to both federal penalties and malpractice liability.
The Standard of Care in an Emergency Setting
In addition to EMTALA’s screening and stabilization requirements, ER physicians owe patients a duty of care. This duty requires ER providers to provide care consistent with what a reasonably competent emergency physician would offer under similar circumstances.
The standard of care generally makes physicians responsible for:
- Ordering diagnostic tests and imaging appropriate to the patient’s presenting symptoms
- Considering and ruling out serious conditions that match the clinical picture, even if a less serious explanation seems more likely
- Reviewing available medical history, medication lists, and allergy information before prescribing treatment
- Monitoring the patient’s condition during their stay and responding to changes
- Consulting a specialist when the patient’s presentation falls outside the ER physician’s expertise
- Providing clear discharge instructions, including warning signs that should prompt an immediate return
Importantly, this standard accounts for the realities of emergency medicine. ER doctors frequently treat patients they’ve never seen before. These patients may have incomplete medical histories but need urgent attention. Courts recognize these constraints. However, working under pressure doesn’t absolve providers from providing competent care.
Injuries and Conditions Resulting from ER Malpractice
When an emergency room physician misses a diagnosis, delays treatment, or makes a critical error in care, the consequences for the patient can be dire.
Common injuries and conditions that result from ER malpractice include:
- A treatable condition that progresses to an advanced or terminal stage due to diagnostic delays
- Brain damage caused by an undiagnosed stroke
- Cardiac damage from a heart attack that was misidentified as another condition
- Organ failure or septic shock resulting from a missed infection
- A ruptured appendix or perforated bowel that could have been prevented
- Medication injuries caused by prescribing the wrong drug
- Worsened traumatic injuries from a premature discharge
If timely diagnosis and treatment would have produced a substantially better outcome for these conditions, a malpractice claim may be available.
Contact a Medical Malpractice Attorney for Help
If you or a loved one suffered harm because an emergency room physician failed to provide the standard of care the law requires, you may have a malpractice claim. Coates & Johnson can review your medical records and assess whether you have an actionable case. Contact us today for a free consultation to discuss what happened and understand your options.