When it comes to medical emergencies, malpractice is going to look a little differently than say your average surgical error made by a doctor who was under the influence. Emergency medical care scenarios will have different rules and laws that apply to them due the complexity and uniqueness of the situation. For example in most cases when dealing with medical malpractice during an emergency, in most case the first responders or other medical professional will be the ones who are held responsible. Continue reading in order to learn more about these different categories and when a case is considered to be malpractice.

Addressing the concern about medical malpractice as it occurs in the emergency room, who then is considered responsible or liable for the injury? Because of the delicateness of the situation of an emergency, most states have established laws to protect "first responders" to the scene from being accused of malpractice because their primary concern is to keep you alive as opposed to curing your illness. Most first responders include firefighters, ambulance teams, as well as emergency medical technicians. The first responder laws will act as a barrier to keep them from being accused of an action that leads to an injury. For example, say a rib was cracked as they were performing CPR in order to keep you breathing, if you could sue them for the cracked rib then there would be far more lawsuits in place on a daily basis than there are already.

While there are many exceptions for these first responders, if their actions are in fact negligent or flat our carelessness, then the victim may be able to hold then liable for their injuries. For example, if there a technician who is distracted and hurts your rather than helps you, you just may have a case. If the first responder makes an error, there is a good chance that not only they could be held accountable for the incident, but so also could the employer. Having the help of a skilled mal practice attorney is absolutely crucial because they will help you to sort through he details in order to decipher who is truly at fault for your injuries or illnesses.

If the ER doctor or nurse is negligent in any way, they are not included in the emergency exceptions for medical malpractice cases, and they could face the full weight of the case made against them. When dealing with medical malpractice, either by a doctor, nurse, technician, etc.; it is important to realize that in order to have a case you must be able to demonstrate real proof that whatever they did to your was negligent. You would want to be able to show the court that had another doctor approached these situation things would be very different and you would be uninjured or less ill. In order to accomplish proving this, you and your attorney would likely consider receiving the help of hired eyewitnesses who can testify with their own medical expertise in the area you are suing for. Their testimony will help the court see that your case is genuine and legitimate as opposed to a claim with little or no evidence.

When dealing with a first responder, many may wonder if the "Good Samaritan" rule applies to them as well. When a person is in danger, in this case medically, whoever chooses to be that good Samaritan must help in a way that will not further harm the individual in need. If this person is a medical professional, the rule does not apply to them while they are on the clock. However, say there is a doctor at the restaurant with you when you choke and they come to your aid willingly, and crack your rib during CPR, for example; the judge on the case will likely apply the Good Samaritan rule to them as opposed to mal practice.

In the event that you are a victim of medical malpractice, there are many situations in which not only the medical professional themselves will be held responsible, but also the hospital who employs them. Often times the employer is responsible for the actions for their staff, and therefore can be considered liable in the event of your injury or illness by malpractice. However, due to the uniqueness of an emergency response malpractice case, if the doctor who helps you was off duty, for example, then they would likely bear the brunt of the claim. An off duty professional who acted poorly will likely not affect their employers. Whatever the case may be for you, if you are a victim of medical malpractice, either in an emergency response or otherwise, contact an attorney in your area immediately for the legal representation you deserve!