When an emergency room fails its patients, the results can be catastrophic and permanent. Emergency room patients face significant risks and challenges, including overcrowding, delayed treatment, and the need for specialized care, all while relying on doctors to make critical decisions about their diagnosis and treatment. A physician who discharges a patient before completing a proper evaluation, or without an accurate diagnosis, puts that patient’s life at risk. Pennsylvania law holds medical providers accountable for exactly that kind of failure.
At Eisenberg Winkler Jeck Schwartz Schoenhaus & Sherry, P.C., we fight for people who suffer serious harm when hospitals cut corners on their care. If this happened to you, contact our Philadelphia office today to schedule a free initial consultation.
Why Choose Our Philadelphia Medical Malpractice Attorneys?
Not every law firm is prepared to take a complex medical malpractice case to trial. At Eisenberg Winkler Jeck Schwartz Schoenhaus & Sherry, P.C., we’ve built our reputation on exactly that kind of trial readiness. We invest our own resources into every case we accept and prepare each one for the courtroom from day one. We also don’t back down when we’re up against big corporations.
Major hospitals and healthcare systems know this, and that knowledge shapes their response to our clients’ claims. Other law firms refer their most complex medical malpractice cases to us because they know we have what it takes to deliver real results. To date, we’ve recovered more than $4 billion for our clients, including many multimillion-dollar verdicts against hospitals and healthcare providers.
We are proud of what those numbers represent, but the real reason we do this work is the difference it makes in the lives of those we represent. Here’s what one former client had to say:
“You gave my father a chance to fight for his legal rights …Your efforts have saved many patients from having to face the crippling injury that my father suffered. You did a wonderful, generous thing.”—Mark P.
If you or a family member were harmed due to medical malpractice in a Philadelphia emergency room, contact our personal injury and medical malpractice law firm for a free, no-obligation consultation. We are here for life’s toughest trials.
How Our Experienced Philadelphia ER Early Discharge Malpractice Lawyers Can Help You
Hospitals and healthcare systems have legal teams working to protect their interests from the moment a medical malpractice incident occurs. Our attorneys level that playing field on your behalf by evaluating potential emergency room negligence and malpractice cases, determining whether legal action is warranted, and guiding you through your legal options. We build a strong medical malpractice claim by:
- Reviewing your medical records to identify deviations from the accepted standard of care
- Working with leading medical professionals to evaluate the circumstances of your emergency room discharge and establish a clear link between the discharge and your injuries
- Conducting a thorough investigation into the hospital’s staffing levels, protocols, and procedures
- Identifying all liable parties, including individual healthcare providers, hospital systems, and administrators
- Deposing hospital staff, administrators, and medical personnel to uncover relevant facts
- Challenging defense witnesses and their testimony at every stage of litigation
- Advocating for the full compensation you deserve at trial, including money for future care
Our emergency room negligence lawyers can protect you every step of the way.
What Is ER Early Discharge Malpractice?
Under Pennsylvania law, a medical malpractice claim requires proof that a healthcare provider failed to meet the accepted standard of care and that this failure caused the patient’s injuries. In the context of ER discharge, the standard of care requires the treating physician to determine that a patient is medically stable before releasing them. If a hospital or provider discharges a patient prematurely, and that decision leads to serious harm, it may constitute actionable ER discharge malpractice.
Common Causes of Early Discharge Errors
In most cases, one or more identifiable failures in the emergency room set the stage for a patient leaving before it’s safe to do so, such as:
- Misdiagnosis or Failure to Diagnose: Diagnostic errors and wrong diagnoses are among the most common causes of ER mistakes. A doctor who misidentifies a patient’s condition or misses it entirely may clear that patient for discharge when the underlying problem is far from resolved.
- Incomplete Evaluation: Some patients leave the ER without a thorough workup of their symptoms. This kind of superficial assessment can mean the treating physician never had a complete picture of the patient’s condition, leading to medical errors. Staff members play a critical role in ensuring comprehensive assessments to prevent such oversights.
- Improper Review of Medical History: A patient’s prior conditions, medications, and previous hospitalizations can be decisive factors in a discharge decision. Overlooking that history can lead to a dangerously premature release.
- Understaffing and Overcrowding: When financial or administrative pressures drive clinical decisions, patient safety pays the price. Hospitals under pressure to move quickly in crowded departments sometimes discharge patients before they’re medically stable.
- Rushed or Cursory Assessments: Time pressure in a busy ER can lead physicians to make quick decisions. Poor communication or a cursory assessment that doesn’t account for a patient’s full presentation can put that patient at serious risk.
- Inadequate Discharge Instructions: Even when a discharge decision itself is questionable, a failure to provide clear follow-up guidance can turn a borderline call into a devastating one, increasing the risks associated with improper discharge.
Our experienced medical malpractice lawyers can investigate your case to determine what went wrong and who is responsible.
Potential Injuries from Premature ER Discharge
The consequences of a premature ER discharge can be severe, permanent, and, in some cases, fatal. Injuries and health outcomes our firm has seen stem from this type of malpractice include:
- Rapid deterioration of undiagnosed or undertreated conditions
- Severe infection or sepsis from untreated wounds or illnesses
- Delayed treatment
- Stroke or permanent neurological damage
- Heart attack or cardiac arrest
- Organ failure
- Spinal cord injury or paralysis
- Internal bleeding
- Respiratory failure
- Permanent disability
- Other life-threatening complications
- Wrongful death
Proving Emergency Room Malpractice
Establishing a successful medical malpractice claim against a hospital or healthcare provider requires clear evidence that the expected standard of care was not met. To prove emergency room malpractice, you must demonstrate:
- A doctor-patient relationship existed at the time of the incident.
- The healthcare provider or hospital was negligent in delivering emergency room care.
- This negligence directly caused the patient’s injury or worsened their medical condition.
Medical experts and a thorough review of medical records are essential in building a strong malpractice claim. These professionals can help establish how the care you received deviated from accepted standards and contributed to your injuries.
Expert witnesses play a vital role in determining the extent of injuries and the appropriate amount of damages. By taking legal action, patients and their families can hold healthcare professionals accountable and secure the financial compensation they need to move forward. Our firm handles malpractice cases on a contingency fee basis, so you pay no attorney fees unless we recover compensation for you.
In Pennsylvania, a certificate of merit must be filed with a medical malpractice lawsuit, requiring a medical provider to identify the applicable standard of care and how it was breached. Our law firm has a network of experts we can call upon to provide useful testimony.
Under Pennsylvania law, patients generally have two years from the date of the malpractice—or from the date the patient dies, in wrongful death cases—to file a lawsuit. Acting quickly is crucial to preserving your rights. A free consultation with our experienced emergency room malpractice attorneys can help you understand your options and the best path forward.
Damages in Emergency Room Malpractice Cases
Victims of emergency room malpractice may be entitled to recover a range of damages for the harm they have suffered. These damages typically fall into two categories:
- Economic Damages: Compensation for tangible losses such as medical expenses, lost wages, and other financial costs directly resulting from the malpractice
- Non-Economic Damages: Compensation for intangible losses, including pain and suffering, emotional distress, and loss of enjoyment of life
Steps to Take If You Suspect ER Malpractice
The period immediately following an ER discharge injury is critical, both medically and legally. If you suspect malpractice, take these steps as soon as possible:
- Seek immediate medical attention and a second opinion if you haven’t already, both for your health and to create a documented record of your condition after the discharge.
- Request and preserve copies of all medical records from your ER visit, including discharge paperwork, physician notes, test results, and any instructions you received.
- Write down everything you remember about your visit while the details are still fresh, including the timeline of events, what providers told you, and how your medical condition changed after discharge.
- Take photographs of any visible injuries or symptoms and keep a written log of how your condition has progressed since your discharge.
- Contact an experienced Philadelphia ER malpractice attorney as soon as possible and avoid discussing your case on social media or with anyone other than your attorney.
Contact Our Emergency Room Early Discharge Attorneys Now
A premature ER discharge is a serious failure, and the harm it causes can last a lifetime. If you know or suspect that a medical provider’s negligence cost you or a loved one dearly, the attorneys at Eisenberg Winkler Jeck Schwartz Schoenhaus & Sherry, P.C. are ready to fight for the accountability and compensation you deserve. Contact us now to arrange your free initial consultation with an emergency room early discharge attorney.
BUSINESS INFORMATION
Eisenberg Winkler Jeck Schwartz Schoenhaus & Sherry, P.C.
1634 Spruce St, Philadelphia, PA, 19103
Phone: (215) 585-2814
Email: info@erlegal.com
