Elements of an Emergency Room Malpractice Case
To win an emergency room malpractice case, you will need to prove 3 basic elements:
You and the person treating you had a doctor-patient relationship
The treatment you received was negligent
You were harmed by this negligence
The most difficult element in an emergency room case is proving negligence. Generally speaking, a doctor-patient relationship is established anytime a doctor or nurse practitioner provides treatment in an emergency room, and you would not be filing a lawsuit if you did not suffer harm. On the other hand, negligence in emergency room malpractice cases depends entirely on the standard of care.