Rochester, NY Emergency Room Negligence Lawyer
When a person goes to the emergency room, it is most often because he or she has a condition that may need to be addressed immediately. People expect that the doctors and nurses who work in the emergency room will treat the condition accordingly. Unfortunately, that expectation is not always met. This sometimes results in a serious medical condition becoming even worse due to delayed treatment or no treatment at all.
At Kammholz Law, our emergency room negligence team has nearly 35 years of experience holding providers and staff accountable for emergency room negligence. We bring our core values of integrity, creativity, personal service and excellence to these serious and challenging cases.
Helping You Take Steps Forward After Experiencing Emergency Room Negligence
If you or a loved one has suffered an injury due to emergency room negligence, we at Kammholz Law can help pursue financial compensation for any past, present and, even, future losses and damages relating to your injury. Our legal team excels in the complex investigations of medical malpractice and negligence. We have had significant successes holding New York doctors and health systems accountable.
We are a Rochester-based medical malpractice/negligence law firm that is knowledgeable, experienced, compassionate and dedicated to helping people just like you. We will put our experience to work, determining who is responsible and holding them accountable to ensure your highest level of compensation for your injuries while also delivering you peace of mind. You are not a number, you are a highly valued client, who is seeking financial and oftentimes, emotional recovery from the serious injuries you have suffered.
Misdiagnosis and Failure to Diagnose in the Emergency Room
Emergency rooms are very fast-paced and often short-staffed, but these should not be considered acceptable excuses for mistakes. Every patient should be treated properly.
One significant problem in the ER is misdiagnosis or failure to diagnose a serious medical condition, such as a heart attack, stroke, aneurysm, major infection or even a broken bone.
If someone comes in complaining of chest pains, that person should not be sent home until a full evaluation has been completed to rule out the possibility of a heart attack or other critical medical concern. If symptoms indicate the possibility of a stroke, the appropriate tests need to be conducted. Even if a specialist needs to be called in, everyone who comes into the emergency room should get an accurate diagnosis.
When Someone is Sent Home Untreated
If you or a loved one has been sent home from an emergency room, only to then suffer a heart attack, stroke or other serious medical condition, the experienced medical negligence team at Kammhoz Law can help. We understand that a condition that could have been treated has been made worse by the negligence of the ER staff. We are ready to help you hold the hospital staff accountable for their negligence.
In addition to cases involving incorrect or failure to diagnose and treat, we handle cases involving medication errors and more.
Statute of Limitations for Emergency Room Negligence Claim
It is in your best interest to immediately start the investigation into whether you have a valid medical malpractice/negligence claim.
There are time limits called “statutes of limitations” on how long you have to file a medical malpractice/negligence claim in New York. You must bring a formal lawsuit before the statute of limitations expires or you will be forever barred from doing so.
The statute of limitations for your claim depends on a number of factors, including who the negligent party is, the type of malpractice/negligence, the age of the injured patient, and whether the patient passed away as a result of the malpractice.
In addition, some hospitals and medical facilities are owned and operated by a City, a County or even the State of New York. In these circumstances, you will be required to serve a “Notice of Claim” before starting your lawsuit. Similarly, hospitals and medical facilities that are owned or funded by the United States have special rules under the Federal Tort Claims Act (FTCA) for medical malpractice claims.
Determining the applicable time frame can be confusing so contact Kammholz Law to determine whether you have a claim and what the applicable statute of limitations is. We are here to help!
Let Us Take It From Here! FREE Consultation!
We’re here to help! To schedule a free consultation, please call us at 585.678.4500 or complete the secure form below.
Paying For Your Emergency Room Negligence Case
We Get Paid Only When You Get Paid
There is no cost to find out whether you have a valid claim. There is also no cost to actually pursuing a claim, should you have one. If there is a successful outcome, we receive our costs and a percentage of what you receive called a contingency fee.
New York’s Judiciary Law Section 474-A, sets the amount of the contingency fee for medical malpractice based upon a “sliding scale” starting at 30% and reducing to as little as 10% depending upon the amount of the recovery. Specifically, the attorney’s fee is 30% on the first $250,000 of the sum recovered. On the next $250,000 recovered, the fee is 25%. On the next $500,000 recovered the fee is 20%. On the next $250,000 recovered the fee is 15%. After that, on any amount recovered over $1,250,000, the fee is 10%. Percentages are calculated on the net amount after expenses and disbursements are deducted. Expenses are costs such as medical expert reviews/testimony, court filing fees, medical records and other costs to properly pursue the claim.
