All ER visits might seem “bad,” insofar as they require a patient to seek emergency medical treatment for an urgent illness or injury. However, a truly bad ER visit is one where you don’t get the correct treatment for your condition and suffer worse harm due to a misdiagnosis, poor surgical technique, or other error.
In these scenarios, you should save certain documents and evidence in case you decide to take future legal action. The records and information you preserve now, while everything is still fresh and available, can make or break a future emergency room negligence claim.
Every Document the Hospital Gave You
You should carefully preserve your discharge paperwork. This typically includes your diagnosis, discharge instructions, prescribed medications, and any follow-up recommendations. Keep the original and don’t rely on a photo or a summary.
If you paid for anything out of pocket, including copays, medications, or medical equipment, keep your receipts. They can serve as evidence of substandard treatment and what it cost you.
A Copy of Your Complete Medical Record
You should also request the full record from your ER visit. This record should include:
- The triage notes taken when you first arrived
- Vital signs recorded throughout your stay
- The physician’s examination notes
- Any lab or imaging results, and
- Notes from any nurses or specialists who were involved in your care.
Hospitals are required to provide patients with copies of their own records. You may have to satisfy a formal request process and pay a modest fee.
Hospitals can correct or amend records to be more neutral. So, don’t wait to request these documents.
A Narrative of What Happened
You should write down what happened as soon as you can, in as much detail as possible. Include when your symptoms started, what you told the providers, what tests were performed, and what you were told about your diagnosis and next steps.
A timeline written within days of the visit will provide useful evidence for your attorney and highlight which areas warrant further investigation.
Evidence of What Happened Next
If your condition worsened or went undiagnosed, you should keep every piece of documentation connected to that discovery. You should preserve your new provider’s notes, any tests that led to the correct diagnosis, and records showing how your treatment changed as a result.
This before-and-after comparison is often the most persuasive evidence that malpractice occurred during the original ER visit.
Photos, Symptoms Logs, and Witness Information
If your condition produced any visible symptoms, such as swelling, discoloration, or a rash, take photos as it progresses. If a family member accompanied you to the ER or witnessed your symptoms afterward, note their contact information and what they observed.
Provide These Records to an Experienced an Attorney
None of this preparation requires deciding right away whether to pursue a legal claim. If it later turns out the ER’s care fell short of what a competent physician should have provided, having this information can put you in a stronger litigation position.
If you believe you experienced medical malpractice, consider consulting a malpractice attorney in Las Cruces with the evidence you’ve collected about your care. An attorney can review the information and even consult with medical specialists to see if you were provided substandard care.
Coates & Johnson offer free consultations to review your situation and advise you whether you have a claim.