Emergency Room Malpractice

Orange County Emergency Room Malpractice Attorney 

Advocating for Injured ER Patients for Decades

Sadly, medical malpractice is all too common in emergency rooms. 

If you or someone you love has been subjected to emergency room malpractice, our attorneys at the Law Office of Marshall Silberberg are here to lend a helping hand. We will fight to recover the compensation you deserve. Health care providers vow to do no harm; when they break this vow, they must be held accountable.

Why Choose Our Firm?

At the Law Office of Marshall Silberberg, we stand apart with our:

  • Experienced legal advocacy: We have handled hundreds of trial cases over our decades of practice. Further, our attorneys have won numerous awards and accolades for their work, such as from The National Trial Lawyers and Super Lawyers®. 
  • Track record of results: We have recovered hundreds of millions of dollars in compensation for our clients. For 2021 alone, our client recoveries amount to over $30 million.
  • Compassionate, no-nonsense approach: We value the attorney-client relationship above all else. We genuinely care about each case we take on and the client at the center of it. With us, you’ll always be treated as the real person you are.
  • Network of experts: Our clients have access to our network of physicians and industry experts. Depending on the case, these experts may provide unique and integral insight and testimony to benefit the client.

Give us a call at (949) 565-4281 for a free consultation with an Orange County emergency room malpractice attorney. There are no fees unless we win!

Who Can File an Emergency Room Malpractice Lawsuit?

Those who have been harmed by malpractice have the right to take legal action against the health care provider responsible for that malpractice. Individuals who have lost loved ones to malpractice may also seek compensation for their losses.

To win a lawsuit, the person filing suit (the plaintiff) must prove that the malpractice led to further harm that would not have occurred under the care of a more attentive health care provider. This often involves investigating medical records, speaking to witnesses, and consulting other experts in the field. Sadly, ERs are likely to push back against any malpractice lawsuit filed against them.

To give yourself a strong chance of proving malpractice and recovering compensation, work with a skilled lawyer.

What Is Emergency Room Malpractice?

Emergency room malpractice can come in many forms. It is important to note that an unfavorable outcome does not constitute malpractice. The medical provider must have negligently deviated from medical industry standards in some way.

Emergency Room Misdiagnosis

Misdiagnosis is when a medical provider gives an incorrect or untimely (late) diagnosis, so it also includes missed and delayed diagnoses. It is a leading type of malpractice in the ER, and it often results in an improper discharge. 

Strokes, heart attacks, and mild traumatic brain injuries (mTBIs) are some of the most common health conditions to be misdiagnosed by ER staff. 

Medication Errors

medication error, or pharmaceutical error, is when an ER staffer fails to prescribe/administer the correct medication or fails to warn of a medication’s side effects. This type of malpractice can cause the patient to suffer severe adverse reactions and, like all kinds of malpractice, further injury.

Surgical Errors

Sometimes, ER staff must perform an emergency surgical procedure. When negligence is involved, a surgical error may result. Such errors usually occur due to poor communication, lack of staff coordination, and inattention, overwork, and fatigue. 

A few examples of surgical errors include using the wrong surgical instrument, conducting the wrong surgery, and even conducting the correct surgery on the incorrect part of the body. 

Other types of emergency room errors include:

  • Delayed Treatment: When there's a delay in providing necessary medical care to a patient in the emergency room, it can result in complications or deterioration of the patient's condition. Delays may occur due to overcrowding, insufficient staffing, or triage errors.
  • Communication Errors: Poor communication among healthcare providers, patients, and their families can lead to misunderstandings or incomplete information, which may result in errors in diagnosis or treatment.
  • Equipment Failures: Malfunctioning or improperly used medical equipment in the emergency room can lead to errors in diagnosis or treatment. For example, incorrect readings from monitoring devices or imaging equipment could result in a misinterpretation of a patient's condition.
  • Documentation Errors: Incomplete or inaccurate documentation of patient information, medical history, treatments, and procedures can lead to errors in subsequent care or follow-up.
  • Procedural Errors: Mistakes in performing medical procedures or interventions, such as intubation, wound care, or administering injections, can result in harm to the patient.
  • Discharge Errors: Inadequate discharge instructions or failure to arrange appropriate follow-up care can lead to complications or readmission of the patient to the emergency room.
  • Transcription Errors: Errors in transcribing medical orders or information from one source to another can lead to misunderstandings or mistakes in patient care.
  • System Failures: Problems with the overall functioning of the healthcare system, such as overcrowding, understaffing, inadequate training, or lack of resources, can contribute to errors in the emergency room.

Who is Liable?

Generally, several parties may potentially be held liable for emergency room malpractice:

  • Emergency Room Staff: This includes physicians, nurses, and other healthcare professionals directly involved in the patient's care. They can be held liable if their actions or omissions deviate from the accepted standard of care and result in harm to the patient.
  • Hospital or Healthcare Facility: The hospital or healthcare facility where the emergency room is located may be held liable for the actions of its employees under the legal doctrine of vicarious liability or respondeat superior. This means that the employer can be held responsible for the negligent actions of its employees performed within the scope of their employment.
  • Individual Practitioners: In some cases, individual practitioners such as attending physicians, specialists, or consulting physicians who provide care or advice in the emergency room may be held individually liable for malpractice if their actions or decisions contribute to harm.
  • Contracted Staff or Agencies: If the emergency room contracts with outside staffing agencies or employs healthcare professionals on a contractual basis, these entities may also be held liable for malpractice if their employees' actions result in harm to patients.
  • Manufacturers of Medical Devices or Equipment: If medical devices or equipment used in the emergency room malfunction or fail to perform as intended, leading to patient harm, the manufacturers of such devices or equipment may be held liable under product liability laws.
  • Pharmaceutical Companies: If medication errors occur in the emergency room due to defects in pharmaceutical products, inadequate labeling, or insufficient warnings, the pharmaceutical companies responsible for manufacturing or distributing the medications may be held liable.
  • Administrative Staff and Management: Hospital administrators or managers may be held liable for negligence if their policies, procedures, or decisions contribute to errors or deficiencies in emergency room operations, staffing, or patient care protocols.
  • Other Healthcare Providers: Depending on the circumstances, other healthcare providers involved in the patient's care outside of the emergency room, such as primary care physicians, specialists, or paramedics, may also be held liable if their actions or decisions contribute to the patient's harm.

Compensation for Victims of Emergency Room Malpractice

A lawsuit could result in compensation for any and all damages suffered, including but not limited to:

  • Pain and suffering
  • Hospital bills
  • Medications 
  • Disability accommodations
  • Physical and occupational therapy
  • Lost wages and lost earning capacity

The value of your case relies on the exact damages you have incurred because of the emergency room malpractice. A legal professional will work to recover every cent owed to you.

Don’t Wait to Get Started

Unfortunately, these cases are often complex. Our Orange County emergency room malpractice attorneys can help you make sense of your case, as well as handle the brunt of the legal work on your behalf. We won’t rest in our fight for your rights!

Contact an Orange County emergency room malpractice lawyer online today. If we don’t win your case, you won’t be charged a dime.

Why Choose Our Firm?

Skilled Advocacy in Negotiations & At Trial

Our ability to win in front of juries and obtain meaningful settlements through negotiation for our clients is evident in our record of multi-million dollar results. Our lead trial lawyer has more than three decades of experience in personal injury and medical malpractice cases. When we take on a case, you may count on us to have the resources to pursue those responsible. Our firm has a physician on staff and utilizes a network of excellent experts who can lend insight into your case. From our office in Irvine, we proudly serve clients throughout Orange County and beyond.

  • “We highly recommend the Law Offices of Marshall Silberberg for any personal injury case you may be facing. We will forever be grateful for their aptitude to serve families in our community and their support in defending our son’s future.”

    - Diana M.
  • “I can't begin to express how wonderful their service is. Will Collins and Marshall are a great team and will provide you with what you're expecting, plus more. Marshall even personally visited me out of state when I was receiving rehabilitation services.”

    - Amy T.
  • “He and his staff always kept me informed. He personally answered his cell phone whenever I called. He fought for me, and in the end, obtained a settlement in 14 months that was far greater than any of the similar cases I had researched.”

    - Craig F.
  • “There are no words that describe how grateful I am for Marshall, Will, and the whole team. They fought to get justice for my family, myself, and my unborn baby. When it comes to being committed and fighting for justice, they truly do a great job.”

    - Karla B.
  • “Marshall did a great job for me! He was always there for me, if I called he would be right there! He and the whole team at The Law Office of Marshall Silberberg were awesome, 5 stars! Don't know of anybody better.”

    - Charles T.
    • Failure to Treat $6,250,000
    • Failure to Diagnose $8,800,000
    • Medical Malpractice $8,000,000
    • Catastrophic Surgical Error $28,700,000
    • Medical Malpractice $5,700,000
      • The National Trial Lawyers
      • Top 25 Brain Injury Trial Lawyers, National Trial Lawyers Association
      • 10 Best Attorney
      • America's Top 100 Attorneys
      • Super Lawyers
      • International Academy of Trial Lawyers
      • US News Best Lawyers: 1989 - Present
      • American Board of Trial Advocates
      • AV Preeminent

        Our Values

        What Our Work Means To Us
        • Experienced

          Under our representation, your case will be backed by decades of experience; experience that includes hundreds of trial cases and countless courtroom wins. Our straight-shooting, no-nonsense approach has resulted in hundreds of millions of dollars in verdicts and settlements.

        • Connected

          We have spent decades cultivating close working relationships with an array of physicians and industry experts. We use these connections to provide invaluable insight and expert testimonies on the cases we take to court.

        • Compassionate

          At our firm, the attorney-client relationship is sacred. We are committed to bringing a sense of peace to the victims and families we represent. Nothing is more rewarding than when we can help our clients ease the pain and frustration their injuries have caused them.

        • Results-Driven

          Our tenacity and work ethic set us apart. We’re not afraid to roll up our sleeves and really get to work on a case. From our personal meetings with prominent field experts to the development and strategy of your overall case, we will zealously stand by your side from start to finish.