Emergency Room Error Lawyer in Kentucky

• Missing stroke, heart attack, aortic dissection or pulmonary embolism
• Missing sepsis or meningitis
• Discharging a patient who needed admission or observation
• Misreading X-rays or CT scans, or not ordering them
• Triage errors and dangerous waits
• Failing to get an on-call consult (for example cardiology, neurology or surgery) or transfer to a higher level of care
• Medication errors in a rushed setting

The Emergency Medical Treatment and Labor Act (42 U.S.C. § 1395dd) requires hospitals that participate in Medicare and have an emergency department to provide an appropriate medical screening exam to anyone who comes asking for care, and, if an emergency medical condition exists, to stabilize the patient or arrange an appropriate transfer. An individual harmed by a hospital’s violation may sue the hospital under the statute, generally within two years. EMTALA claims are separate from, and can be brought alongside, state malpractice claims. ER mistakes after a crash can become part of the injury claim; see medical malpractice after a car accident.

The ER physician, physician assistant or nurse practitioner, nurses, radiologists reading images remotely and the hospital itself can each be responsible. Many ER doctors are employed by outside staffing groups rather than the hospital, which affects which insurer pays and how the case is filed. If the delay caused a death, see wrongful death.

Kentucky gives most medical malpractice claimants one year to file suit, measured from when the injury was discovered or reasonably should have been discovered, but never more than five years after the act or omission (KRS 413.140(1)(e) and (2)). The complaint must be filed with a certificate of merit stating that a qualified expert has been consulted, with limited exceptions (KRS 411.167). Because the deadline is short and expert review takes time, contact a lawyer as soon as you suspect an error. In 2018 the Kentucky Supreme Court struck down the state’s medical review panel law (Commonwealth v. Claycomb), so claims go directly to court.

• Request your ER records, including triage notes, vital signs and discharge instructions
• Write down the timeline: arrival, wait, tests, discharge and what you were told
• Keep discharge paperwork and medication bottles
• Get follow-up care right away if symptoms continue