Emergency Room Errors

Michigan Emergency Room Error Claims

Emergency rooms are high-pressure environments where split-second decisions can mean the difference between life and death. While ER physicians face genuinely difficult conditions, that does not excuse negligent care that causes patients unnecessary harm. When emergency room doctors, nurses, and staff fail to meet the applicable standard of care, an injured patient may have a claim. Koussan Law does not handle ER malpractice cases in-house, but we can connect you with an experienced medical malpractice firm in our referral network. Medical malpractice in the emergency room context can be devastating, particularly when failures to diagnose or treat result in preventable death or catastrophic injury.

Common Emergency Room Errors and Negligence Patterns

ER malpractice takes many forms, including failure to diagnose acute myocardial infarction (heart attack) in patients presenting with chest pain, failure to recognize acute ischemic stroke in patients with sudden neurological symptoms, failure to diagnose pulmonary embolism in patients with chest pain or shortness of breath, delayed diagnosis of sepsis in critically ill patients, premature discharge of patients who remain in critical condition, failure to order necessary diagnostic tests or imaging, misreading or misinterpretation of lab results, X-ray misreadings, and CT scan findings missed on initial review, medication errors including wrong drug, wrong dose, or dangerous drug interactions, failure to recognize and treat internal bleeding, inadequate monitoring and reassessment of patients awaiting treatment, and failure to escalate care when a patient's condition deteriorates. Each of these errors can transform a recoverable medical condition into a catastrophic or fatal outcome.

The Standard of Care in Emergency Medicine

Michigan law governs medical malpractice claims under MCL § 600.2912a, which requires that a physician or healthcare provider act with the skill and care that a reasonably careful and prudent physician would exercise. An important consideration specific to emergency medicine is MCL § 600.2912d, which provides that in an emergency situation, the standard of care is measured by what a reasonable provider should have done given the emergency circumstances, but this does NOT eliminate the duty of care or excuse gross negligence. Emergency conditions do not permit providers to ignore basic diagnostic protocols or to discharge patients without proper evaluation. Gross negligence or reckless disregard for patient safety remains fully actionable even in the ER context.

Medical Malpractice Procedural Requirements

Michigan imposes strict procedural requirements on medical malpractice claims. Before filing suit, you must provide written notice of intent to sue within six months of discovering the malpractice (with a maximum of six years from the date of the negligent act). You must also provide an affidavit of merit signed by a qualified healthcare provider in the same field who can attest that the defendant breached the standard of care. The statute of limitations for medical malpractice is generally two years from discovery of the injury or three years from the negligent act, whichever is shorter under MCL § 600.5805. Missing these procedural deadlines can result in loss of the claim, which is why it is important to speak with a qualified firm promptly.

Holding Hospitals Accountable

Individual ER physicians may not be the only defendants. Hospitals can be held liable for negligent credentialing of physicians, inadequate staffing and resource allocation, failure to implement proper safety protocols, and failure to monitor ER department performance and patient outcomes. When a hospital's systemic failures contribute to ER negligence, an experienced malpractice firm can pursue the institution itself for vicarious liability and direct corporate negligence.

If you suspect you received negligent care in a Michigan emergency room, contact Koussan Law at (313) 800-0000 and we will connect you with an experienced ER malpractice firm in our referral network. Time is critical for preserving medical records and meeting statutory notice requirements. You can also use our free case calculator to estimate a potential claim value.