Are emergency room mistakes considered medical malpractice?

Red “EMERGENCY” sign at a hospital entrance, representing the urgent care setting where emergency room mistakes may lead to medical malpractice claims.

When you rush to the emergency room, you expect fast, competent care in a critical situation. But what happens when that care falls short and causes more harm than help? If you or a loved one were injured due to errors made by emergency room staff, you might be asking: Are emergency room mistakes considered medical malpractice?

The answer is yes, emergency room (ER) errors can qualify as medical malpractice if they result from negligence and lead to serious injury or death. Because ER environments are fast-paced and high-pressure, mistakes happen, but not all of them are legally actionable. In this guide, we’ll break down when ER errors may be considered malpractice, what types of mistakes are most common, and how to pursue a claim in New Jersey.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare professional fails to meet the accepted standard of care, resulting in injury to a patient. The “standard of care” refers to what a reasonably competent provider would have done in a similar situation.

In the emergency room setting, the legal bar for malpractice is still high, but doctors, nurses, and hospital staff are not immune to accountability. If their negligence leads to harm, a patient has the right to seek compensation.

Common Emergency Room Mistakes

While some medical outcomes are unavoidable, many ER injuries result from preventable mistakes. Here are some of the most common types of emergency room negligence that may constitute malpractice:

1. Misdiagnosis or Delayed Diagnosis

One of the most common emergency room errors is failing to identify life-threatening conditions like heart attacks, strokes, or internal bleeding.

2. Failure to Order Proper Tests

Neglecting to run necessary labs, imaging (like X-rays or CT scans), or failing to interpret results correctly can lead to incorrect treatment, or no treatment at all.

3. Medication Errors

Giving the wrong drug, the wrong dose, or failing to check for allergies or drug interactions can have dangerous or even fatal consequences.

4. Improper Triage

Inaccurate assessment of a patient’s urgency level can delay critical care, especially if someone with a serious condition is sent to the back of the line.

5. Surgical Errors or Poor Wound Treatment

Mistakes in emergency surgery, improper suturing, or failure to treat infections can lead to complications.

6. Failure to Monitor or Follow Up

Discharging a patient too soon or not monitoring vital signs closely may result in missed warning signs of a worsening condition.

When Do Emergency Room Mistakes Become Malpractice?

Not every ER error is automatically considered malpractice. To file a successful claim, your attorney must prove the following:

You were under the care of a medical professional at the time the error occurred.
The provider failed to deliver care that met accepted medical standards.
This failure was the direct cause of your injury or worsened condition.
You experienced measurable harm, such as physical injury, financial loss, or emotional suffering.

For example, if a doctor failed to order a CT scan and later you were diagnosed with a brain bleed that could have been treated sooner, that may qualify as malpractice. But if the ER staff followed proper procedures and the outcome was unavoidable, it might not meet the legal threshold.

Who Can Be Held Responsible for ER Negligence in New Jersey?

Depending on the situation, multiple parties may be liable for ER negligence:

Emergency room physicians
Nurses or physician assistants
Radiologists or lab technicians
Hospital administrators
Private contractors (such as outsourced ER staff)

Hospitals may also be held responsible for understaffing, improper training, or failing to maintain proper protocols.

Proving Emergency Room Negligence

Medical malpractice claims require a thorough investigation and strong evidence. Your attorney will gather:

Medical records
Expert testimony (to establish the standard of care)
Witness statements
Hospital protocols and procedures
Diagnostic or imaging results
Time logs and staffing reports

In New Jersey, malpractice lawsuits must include an Affidavit of Merit, which is a statement from a qualified medical expert affirming that negligence likely occurred.

What Compensation Can You Recover in a Medical Malpractice Claim?

If you succeed in your claim, you may be entitled to compensation for:

Emergency room bills and hospitalization
Follow-up treatments, surgeries, or physical therapy
Lost income or reduced earning capacity
Pain and suffering
Emotional distress
Long-term care costs
Wrongful death (in fatal cases)

The amount you can recover depends on the severity of your injuries and how clearly negligence can be proven.

Special Considerations in New Jersey Malpractice Cases

New Jersey has specific rules and deadlines that apply to malpractice claims:

Statute of Limitations

In New Jersey, many medical malpractice claims must be filed within two years of the date the error occurred, or from the time you reasonably became aware of the harm. However in certain situations, for instance when the hospital is publicly owned/operated or a medical professional who treated you is employed by a public hospital or University, the time can be as short as 90 days. If the injured person is a minor, the deadline may be extended to allow additional time to take legal action. As a result it is critical to speak to a qualified attorney as soon as possible to ensure that your claim and any necessary Notices are filed in a timely manner, or you may permanently forfeit your right to pursue a case.

Affidavit of Merit

This document must be filed within 60 days after the defendant responds to your lawsuit. Without it, your case may be dismissed.

Modified Comparative Negligence

If the patient contributed to their injury (e.g., left the ER against medical advice), compensation may be reduced under New Jersey’s modified comparative negligence laws.

Because of these complexities, working with a knowledgeable malpractice attorney is essential.

What to Do If You Suspect Emergency Room Negligence

If you believe you were harmed by an emergency room error, take these steps:

Request your medical records as soon as possible.
Write down everything you remember, including dates, symptoms, names and conversations.
Speak to a medical malpractice lawyer before contacting the hospital or signing any insurance documents.
Avoid posting about the incident on social media until your claim is resolved.

Remember, hospitals have legal teams protecting their interests. You should have someone protecting yours.

Were You Harmed by an Emergency Room Error? Let Team Law Stand Up for You

Emergency rooms are supposed to save lives, not put them at risk. If you or a loved one suffered harm due to ER negligence, you may be eligible for compensation through a medical malpractice claim. At Team Law, we understand how complex and overwhelming these cases can be, and we’re here to help you fight for justice.

Our experienced medical malpractice attorneys serve clients across New Jersey, including Newark, Jersey City, Elizabeth, New Brunswick, Edison, Plainfield, and Perth Amboy. We’ll investigate what went wrong, consult with trusted medical experts, and work tirelessly to hold hospitals and providers accountable.

Contact Team Law today for a free consultation. Let us help you understand your rights, evaluate your case, and pursue the compensation you need after emergency room negligence that never should have happened.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.