Medical Malpractice Attorney in San Francisco, California
How do you typically approach negotiations and settlements in emergency room malpractice cases?
How do you typically approach negotiations and settlements in emergency room malpractice cases?
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ER malpractice cases are not much different from other malpractice cases, but they have unique aspects. Doctors in the emergency room have a very specific role in the healthcare delivery system. Their primary responsibility is to quickly identify life-threatening conditions and direct patients to the appropriate specialists for treatment. As a result, juries often have a great deal of empathy for ER doctors and frontline nurses, particularly in the wake of the COVID-19 pandemic.
In handling ER cases, the firm focuses on determining whether the physician used the correct diagnostic process to arrive at a likely diagnosis and referred the patient to the appropriate specialists. There’s an old adage in emergency medicine: “worse first,” meaning doctors should focus on identifying the most serious conditions first and then rule out less critical possibilities. When negotiating these cases, the firm recognizes that ER doctors aren’t always perfect—they may make mistakes—but as long as they follow the right diagnostic pathway, they are likely to receive understanding from juries. This understanding is taken into account during settlement negotiations.
San Francisco, CA medical malpractice attorney Jeff Mitchell discusses his typical approach to negotiations and settlements in emergency room malpractice cases. In ER medical malpractice cases, there’s a unique aspect to consider. These cases involve healthcare providers, particularly ER doctors and frontline nurses, who play a crucial role in quickly identifying life-threatening conditions and facilitating appropriate medical care. Despite the challenging nature of their work, there is often a sense of empathy for these healthcare professionals, particularly in light of the challenges they faced during the COVID-19 pandemic.
In these cases, the focus is on whether the physician followed the correct diagnostic process to arrive at the most likely diagnoses and promptly referred the patient to the right specialists. In emergency medicine, the guiding principle is “worse first,” prioritizing the identification of the most severe conditions.
When negotiating and settling ER medical malpractice cases, it’s essential to recognize that healthcare providers may not always be perfect in their decisions. However, if they followed the appropriate diagnostic protocol, juries tend to be more forgiving. Therefore, this understanding is taken into account during negotiations and settlements.
