Emergency rooms are chaotic. That’s just the reality. Doctors and nurses work under incredible pressure, juggling multiple patients who all need help right now. But here’s what you need to understand: chaos doesn’t give anyone a free pass to make careless mistakes. When medical professionals in the ER make preventable errors, patients get hurt. And Maryland law gives you options to hold them accountable.
When Hospitals Are Liable For ER Mistakes
You can hold Maryland hospitals responsible for emergency room errors, but it’s not automatic. There’s a legal concept called vicarious liability that matters here. Basically, if a nurse, physician, or technician who’s employed by the hospital messes up and harms you, the hospital itself can be sued. It gets trickier with doctors, though. Many ER physicians aren’t actually hospital employees. They’re independent contractors. In those situations, the hospital might dodge liability for that doctor’s mistakes entirely. You’d need to sue the physician directly instead. A Germantown Medical Malpractice Lawyer can figure out who you should name in your lawsuit.
Common Emergency Room Errors
ER mistakes happen way more than people think. These aren’t just minor inconveniences. We’re talking about errors that lead to serious injuries, conditions that spiral out of control, or deaths that could’ve been prevented. Some of the most frequent problems include:
- Misdiagnosis or delayed diagnosis of heart attacks, strokes, or infections
- Medication errors, like wrong dosages or dangerous drug interactions
- Failure to order necessary tests or imaging
- Surgical mistakes during emergency procedures
- Improper discharge occurs when patients are sent home too soon
- Missing symptoms of serious conditions entirely
Any one of these can form the foundation of a medical malpractice claim if the care fell below what’s considered acceptable.
Proving Emergency Room Negligence
Winning against a hospital for ER errors isn’t simple. You’ve got to prove that the medical staff didn’t do what a reasonably competent professional would’ve done in the same situation. This means showing actual negligence, not just a bad outcome. Bad things happen in medicine sometimes, even when everyone does everything right.
Maryland law requires expert testimony in these cases. You’ll need a qualified medical professional who can review your records and testify that the care you received wasn’t up to standard. This expert has to practice in the same specialty as whoever you’re suing. The burden’s on you. You have to demonstrate that the ER error directly caused your injury or made your condition worse than it would’ve been otherwise. Medical records matter. Witness statements matter. Expert analysis pulls it all together.
Maryland’s Certificate Of Qualified Expert Requirement
However, as a Germantown Medical Malpractice Lawyer will tell you, before you can even file your lawsuit, Maryland makes you jump through an initial hoop. You need a certificate from a qualified medical expert stating there’s a reasonable basis to believe malpractice happened. No certificate means no lawsuit. Period. This requirement applies to almost every medical malpractice claim in the state.
The Compensation Available To You
When you win an ER malpractice claim, you can recover different types of damages. Economic damages are the measurable stuff: medical bills, rehab costs, lost wages, and reduced ability to earn money going forward. Non‑economic damages cover your pain, suffering, and how quality of your life has been diminished. Maryland caps non‑economic damages in medical malpractice cases. For 2024, that cap sits at $890,000 for most claims. The number creeps up a bit each year and can go higher in wrongful death situations.
Emergency room errors can transform a treatable condition into something you’ll deal with for the rest of your life. If you believe a hospital’s negligence hurt you or someone you love, you shouldn’t try handling this alone. Antezana & Antezana, LLC. has handled complex medical malpractice claims throughout Maryland, and we understand what you’re up against. Working with our team means you’ve got someone who gets both the medical side and the legal side of your situation. Building a strong claim takes thorough investigation, expert testimony, and knowledge of Maryland’s specific procedural requirements. You should be focused on getting better while your legal team handles everything else.