Holding Hospitals Accountable for the Harm Caused by ER Malpractice
Emergency room (ER) malpractice usually takes place when serious conditions are missed in the emergency room, delaying treatment and resulting in serious injury or death. At The Kauffman Firm, our experienced trial lawyers represent victims of emergency room malpractice and their families. Here are some examples of emergency room malpractice:
- A middle-aged man presents to an emergency room with signs and symptoms of an impending heart attack and is misdiagnosed as having gastroesophageal reflux disease (GERD, sometimes called acid reflux or acid indigestion) and discharged from the emergency room, only to die within hours from a massive heart attack.
- A child is seen in the emergency room with a rash. The child is diagnosed with chicken pox, and a pediatrician confirms this diagnosis while the child is in the emergency room. The child is sent home and dies a day later. The diagnosis of chicken pox was in error. The child instead had streptococcal infection of the blood (sepsis), which was untreated.
- A young man presents to the emergency room with a sudden onset, very severe headache, nausea and vomiting. He is diagnosed with a viral infection and sent home. Two days later he returns with persistent and worsening headache, nausea and vomiting, and symptoms that are probably seizures. The ER confirms the diagnoses of viral infection and once again sends him home. He dies two days later from a massive brain hemorrhage.
- A baby with a very severe ear infection accompanied by vomiting and dehydration is misdiagnosed and discharged from the hospital emergency room without treatment. The ear infection spreads to the brain, and the baby dies a day later.
- An elderly patient is taking a Coumadin, a blood-thinner. She is taken to the emergency room with a severe headache and neck pain. She is also passing blood in her urine and has vaginal bleeding. She is found to be seriously over-anticoagulated from too much Coumadin. Instead of being immediately hospitalized and having her coagulation status corrected, she is sent home. She dies soon afterward from a brain hemorrhage secondary to over-anticoagulation with Coumadin.
The hospital is frequently liable for medical malpractice in such cases. The hospital provides the emergency room physician and is therefore is liable for this physician's conduct. The physician involved may lack appropriate training, experience and credentialing in providing emergency room care and may have a history of being sued for malpractice on multiple previous occasions. The hospital may be liable for failing to have proper policies and protocols in place which, if followed, would have prevented a patient's injury or death.
In consultations with physicians who specialize in emergency medicine and other specialized fields of medicine, our Albuquerque emergency room error attorneys at The Kauffman Firm will analyze medical records and other sources of information to determine whether ER malpractice occurred in your case. If so, we may be able to recover money damages for you and your family to help pay for medical expenses, rehabilitation expenses, lost income and other financial losses, as well as compensation for emotional and physical pain and suffering.
Call Our New Mexico Emergency Room Negligence Attorneys at 505-814-1823
If your condition has gotten worse, you have suffered permanent harm, or a family member has died after receiving inadequate treatment in an emergency room, do not hesitate to contact us at 505-814-1823 or by e-mail for a free consultation and case evaluation.



