If a person is injured while receiving emergency medical treatment, special regulations apply. State laws offer lawsuit protection to ‘first responders’ in many cases, but ER nurses and doctors have no such protection. Below, you will learn how medical staff, ER doctors, first responders and off-duty medical staff are liable for medical mistakes during emergencies.
Medical Errors During Emergencies: Who’s Responsible?
If someone is hurt during a medical emergency, their potential for litigation depends on the identity of the negligent party – whether it was a first responder, a doctor, nurse or other ER staff. First responders have strong protections; they include firefighters, ambulance crews, and EMTs. States have passed such laws to protect emergency services from constant lawsuits.
In limited circumstances, first responders can be found liable. Laws vary by state, but if a responder does something blatantly reckless, negligent or intentional, they could face malpractice suits from Personal Injury Lawyers. In these cases, the responders employer is legally and financially responsible for the malpractice.
ER Doctors, Nurses and Malpractice
The strong protections for first responders don’t extend to ER staff; standard malpractice rules cover nurses, doctors and other personnel. As in other malpractice situations, a patient must prove that a doctor exercising reasonable care would not have made the same mistake. Because the ER doesn’t allow for comparison and careful consideration, mistakes must be very severe to constitute negligence, and the patient will need personal injury lawyers Milwaukee WI and experts to help them prove their case.
The “Good Samaritan” Rule
People aren’t usually legally obligated to help someone in distress, but if they do, the help must be given in a non-reckless manner. This is commonly called the “Good Samaritan” rule and is the law in every state. The rule doesn’t apply to doctors and other medical staff, unless they are off-duty and in the vicinity when an emergency occurs.
Hiring Legal Representation
Medical malpractice is a heavily-regulated area of law, and state laws vary widely–so it’s important to get representation and advice from Personal Injury Lawyers Milwaukee WI. Doing so will help you get the monetary damages you deserve.
