Emergency Room Errors in Pennsylvania
Average Settlement: $300,000 - $900,000 | Statute: 2 years from the date the cause of action accrues
About Emergency Room Errors
Emergency room errors occur when emergency department physicians, nurses, or staff make negligent decisions in the fast-paced environment of the ER, leading to patient harm. These errors often involve failure to properly triage patients, premature discharge, or missed diagnoses of life-threatening conditions. ER malpractice cases present unique legal challenges because courts consider the high-pressure, time-sensitive nature of emergency medicine when evaluating the standard of care.
Pennsylvania Medical Malpractice Laws
Statute of Limitations
2 years from the date the cause of action accrues
Damage Cap
No cap on damages
Discovery Rule
Pennsylvania applies the discovery rule, beginning the statute when the plaintiff knows or reasonably should know of the injury and its cause, subject to a 7-year statute of repose (with exceptions).
Pre-Filing Requirements
Plaintiffs must file a certificate of merit within 60 days of filing the complaint, certifying that an appropriate licensed professional has reviewed the claim and believes there is a reasonable basis for the action.
Common Examples of Emergency Room Errors
- •Failure to properly triage patients, resulting in delayed treatment of critical conditions
- •Premature discharge of patients with undiagnosed serious conditions such as heart attack or stroke
- •Misreading or failing to order critical diagnostic tests like CT scans or blood work
- •Failure to recognize and treat signs of internal bleeding or traumatic brain injury
- •Inadequate monitoring of patients in the ER waiting area
- •Medication errors due to incomplete patient history in emergency situations
- •Failure to consult specialists when the patient's condition warrants it
Key Facts
- ✓Emergency physicians are generally held to the standard of a reasonably competent ER physician, accounting for the time constraints and limited information available in emergencies
- ✓The Emergency Medical Treatment and Labor Act (EMTALA) requires hospitals to provide medical screening examinations and stabilizing treatment regardless of a patient's ability to pay
- ✓ER overcrowding and understaffing are increasingly cited as contributing factors in emergency room error cases, potentially shifting liability to hospital administration
- ✓Triage records, nursing assessments, and time-stamped entries in the electronic health record are essential evidence for establishing the timeline of care
- ✓Many ER physicians are independent contractors rather than hospital employees, which can affect which parties are liable in a malpractice claim
- ✓Pennsylvania requires a certificate of merit within 60 days of filing, certified by an appropriate licensed professional.
- ✓Philadelphia has historically been one of the most plaintiff-friendly jurisdictions for medical malpractice in the nation.
- ✓Pennsylvania follows a modified comparative negligence system with a 51% bar.
- ✓There are no caps on compensatory damages (economic or non-economic) in Pennsylvania.
- ✓Venue rules require malpractice cases to be filed in the county where the cause of action arose.
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Other Malpractice Types in Pennsylvania
This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in Pennsylvania.