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Michael Kosner and Jay Paul Deratany

Injured By A Chicago Emergency Room Error? We Can Help.

Last updated on March 31, 2025

When you rush to an Illinois emergency room, you expect swift and effective care, not mistakes that worsen your condition. Unfortunately, the consequences of emergency room errors can be devastating.

At Deratany & Kosner, we understand the pain and frustration that comes with medical errors. Our experienced and knowledgeable medical malpractice attorneys can guide you to justice and safeguard your due compensation. Contact us today in Chicago to start your journey toward healing. We offer free initial consultations to discuss your case with no further commitment.

Common Emergency Room Medical Errors

Emergency room errors can happen for various reasons, often due to the fast-paced and high-pressure environment. Some unfortunately common examples include:

Missed or delayed diagnosis: Failing to correctly identify a medical condition
Drug errors: Administering the wrong medication or dosage
Treatment delays: Failing to provide timely treatment
Improper discharge: Releasing a patient too soon or without proper instructions
Inadequate monitoring: Failing to monitor a patient’s condition adequately
Improper evaluation: Not fully investigating the patient’s reported symptoms

These and other errors can lead to severe complications, prolonged suffering and even death. If you were harmed by an emergency room mistake, the right lawyer can help you find justice and obtain compensation for your suffering.

Who Can Be Held Liable For An Emergency Room Error?

Emergency room errors can involve multiple parties, and liability often depends on who is responsible for the mistake. In medical malpractice cases, potential defendants include:

  • Emergency room doctors: Physicians are responsible for diagnosing and treating patients accurately. If a doctor misdiagnoses a condition, delays treatment or fails to order necessary tests, they may be held accountable.
  • Nurses and hospital staff: Since nurses play a critical role in patient care, errors in medication administration, improper documentation or failure to recognize a patient’s deteriorating condition can lead to liability.
  • Hospitals: In some cases, the hospital itself may be held liable for systemic failures, like understaffing, inadequate training or faulty policies that contribute to errors in emergency care.
  • Laboratory or radiology technicians: If a diagnostic test is performed incorrectly, misinterpreted or delayed, the responsible technician or radiologist could be liable for contributing to the error.
  • Pharmacists: Medication errors in an emergency setting may stem from a pharmacist dispensing the wrong drug or dosage.

Determining liability in an emergency room error case requires a thorough investigation to build a strong case to hold the right parties accountable.

Impact Of Emergency Room Errors On Patient Health

Emergency room errors can drastically alter a patient’s life, often turning a manageable condition into a severe health crisis. A missed diagnosis or delayed treatment can turn a treatable condition into a life-threatening emergency.

In cases of improper discharge, individuals may be sent home without proper instructions or necessary follow-up care, leading to worsening symptoms or preventable complications. For some, emergency room mistakes result in permanent disabilities, prolonged recovery times and increased medical expenses. In the most tragic cases, these errors can be fatal, leaving families to cope with the devastating loss of a loved one.

Beyond physical harm, emergency room errors also cause significant emotional and financial distress. Patients may endure prolonged suffering, unnecessary procedures and additional hospitalizations, leading to mounting medical bills and lost wages. The anxiety and trauma associated with receiving incorrect or negligent care can also leave lasting psychological scars.

Seeking our legal representation can help you secure the compensation needed to cover the damages.

Identifying Emergency Room Errors

Spotting an emergency room error is not always obvious, but it is the first step to holding someone accountable. Some red flags that may indicate an emergency room mistake include:

  • Unexplained worsening of symptoms: If a patient’s condition deteriorates after receiving care, it may be due to a missed or incorrect diagnosis.
  • Conflicting or unclear medical advice: If multiple medical providers give inconsistent information or treatment recommendations, it could indicate an error in assessment or record-keeping.
  • Sudden adverse reactions to medication: Unexpected side effects, allergic reactions or a lack of symptom relief may signal a medication mistake.
  • Discharge without proper instructions: Patients sent home too soon, without clear post-care guidance, may suffer complications that could have been prevented with proper monitoring.
  • Lab or imaging discrepancies: If test results are delayed, lost or misinterpreted, critical conditions may go undiagnosed or untreated.

Medical systems are complex, and errors can be buried without proper investigation. We dig into these cases, uncover the truth and fight for the compensation you deserve.

How To Prove Emergency Room Errors

To successfully pursue an emergency room medical malpractice claim, you must establish that the health care provider’s negligence directly led to your harm. This involves proving:

  • A doctor-patient relationship existed: You must show that you were under the doctor’s or medical provider’s care at the time of the error.
  • A breach of the standard of care occurred: Medical professionals must provide treatment that aligns with the accepted standards of their field. If an emergency room provider fails to meet these standards, such as misdiagnosing a life-threatening condition or delaying urgent care, it may constitute negligence.
  • The error caused harm: Not every medical mistake qualifies as malpractice. To have a valid claim, you must demonstrate that the error directly caused injury or worsen your condition.
  • You suffered damages: The harm must have resulted in measurable damages.

All the above involves securing medical records, consulting experts to validate the breach and gathering witness statements.

Let Us Strengthen Your Medical Malpractice Claim

Medical malpractice claims can be complex, and most providers are protected by one or a team of experienced lawyers, but we are ready to face them.

Our attorneys have the experience and determination to investigate your case thoroughly. We can gather compelling evidence and build a strong argument in your favor while handling any associated legal complexities. Your primary task will be focusing on recovery while we work tirelessly on your behalf.

Call For Experienced Attorney Representation

Call us at 312-815-6231 in Chicago or use our online contact form to schedule your free initial consultation today. This single step gives you access to lawyers who genuinely care about your well-being and are committed to achieving the best possible outcome for your case.