Common Emergency Room Mistakes and Your Rights as a Patient

A trip to the emergency room is almost always stressful. Whether you’re there for a sudden injury, a severe illness, or an unexpected health scare, you trust that the doctors, nurses, and medical staff will provide the care you need. But what happens when they make a mistake?

Medical malpractice is a serious issue in hospitals and emergency rooms across the country. While most healthcare professionals work hard to do their jobs well, even a single error can have devastating consequences. From misdiagnosing a condition to delaying treatment, emergency room mistakes can lead to life-altering injuries—or even death.

You may have legal options if you or a loved one has suffered due to emergency room negligence. But first, let’s take a closer look at how Arizona compares to the rest of the country when it comes to medical malpractice and the most common ER mistakes that put patients at risk.

Arizona is the 6th Safest State for Medical Malpractice

A recent study found that Arizona ranks as the sixth safest state for medical malpractice. While that’s good news for patients, it doesn’t mean medical mistakes don’t happen here.

Across the U.S., medical malpractice payouts reached record highs in 2023, with an average payment of $415,000 to victims, according to the U.S. Department of Health and Human Services. There were also 284 cases where payouts exceeded $2 million, highlighting just how catastrophic some medical errors can be.

Some of the most shocking malpractice cases involved surgeons amputating the wrong limb, performing brain surgery on the wrong side, and even failing to anesthetize patients before operating.

In Arizona, the numbers are slightly better than the national average. Here’s how the state compares:

  • The average medical malpractice payout was $375,259.
  • There were 209.4 disciplinary action reports per 1,000 practitioners.
  • There were 32.8 malpractice payouts per 1,000 practitioners.

While this ranking suggests Arizona has stronger safeguards in place, it’s not a bad idea to know the most common types of malpractice to keep yourself safe. 

Most Common Types of Emergency Room Mistakes

Emergency rooms are fast-paced, high-pressure environments, and mistakes can happen for various reasons. However, negligence is never acceptable. Below are some of the most common ER mistakes that may qualify as medical malpractice.

  • Refusing to Treat a Patient

Believe it or not, some patients are turned away from emergency rooms and sometimes the consequences are fatal. Hospitals may refuse to treat a patient for reasons such as:

  1. Lack of health insurance
  2. Overcrowding or lack of available beds
  3. Bias or assumptions about a patient’s condition

In many cases, this is a violation of federal law. If an ER refuses to provide proper medical care, the hospital may be held accountable.

  • Miscommunication

Emergency rooms are chaotic, and medical teams often work long hours under extreme pressure. This environment can lead to dangerous miscommunications, including:

  1. Failing to record a patient’s medical history or symptoms correctly
  2. Overlooking allergies or pre-existing conditions
  3. Not properly passing information between staff members during shift changes
  4. Misreading test results or failing to communicate them to the patient

Even a small communication error can lead to serious complications, making proper record-keeping and clear communication critical in emergency care.

  • Misdiagnosis

Misdiagnosing an illness or injury can cause significant harm, especially in an ER setting where time is of the essence. Common misdiagnoses include:

  1. Strokes being mistaken for migraines
  2. Heart attacks diagnosed as indigestion or anxiety
  3. Ignoring infections until they become life-threatening

A delayed or incorrect diagnosis can prevent a patient from getting the treatment they need, leading to worsening conditions or even death.

  • Delayed Treatment

ER staff must prioritize patients based on the severity of their conditions. However, mistakes happen, and sometimes patients who need immediate attention are forced to wait too long.

If an ER fails to provide timely care and a patient’s condition worsens as a result, the hospital could be held responsible for medical malpractice.

  • Violating Hospital Policies

Every hospital has strict policies and procedures in place to protect patients, but some staff members may cut corners, such as:

  1. Ignoring hospital protocols
  2. Rushing lab results
  3. Failing to monitor patients properly
  4. Mishandling medical records or making paperwork errors

When hospital policies aren’t followed, it increases the risk of preventable errors.

  • Surgical and Procedural Errors

Not all ER visits end with surgery, but when they do, the risks are high. Common surgical errors in emergency settings are:

  1. Performing the wrong procedure
  2. Leaving surgical tools inside a patient
  3. Administering the wrong anesthesia or dosage

Even minor procedures, like stitching a wound or setting a broken bone, can cause harm if done incorrectly.

  • Medication Mistakes

A single medication error can have severe or even fatal consequences. Medication errors are another common issue in ERs, for example:

  1. Prescribing the wrong medication
  2. Administering too much or too little of a drug
  3. Failing to check for drug interactions or allergies, or provide medication at all
  • Premature Discharge

Patients should never be sent home from the ER without proper care and instructions. Unfortunately, some patients are discharged too soon, only to experience worsening symptoms or complications. If an ER releases a patient before ensuring they are stable, the hospital could be liable for any harm that results.

  • Failure to Follow Up

After an ER visit, follow-up care is often necessary. If a hospital fails to inform a patient of critical test results or doesn’t provide proper discharge instructions, negligence may be to blame.

You Have a Right to Quality Medical Care

When you go to the emergency room, you expect doctors and nurses to provide competent, timely care. But when mistakes happen, the results can be devastating.

Don’t let a medical mistake go unanswered. If you or a loved one has suffered due to emergency room negligence and you wish to discuss the specifics of your case in a free consultation with an experienced Tucson personal injury lawyer, please contact us today.