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Emergency Room Malpractice Experts

Emergency Room Malpractice

Emergency room malpractice cases are often the most terrifying situations. Nurses and doctors are often the first healthcare providers we trust in a medical emergency. Although they are often forced to work quickly, they must care for patients in a non-negligent manner. When errors occur, tragedy often ensues. That’s why we’re here. We can help.

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Author: Jess Davis, Partner, Davis Adams

Mr. Davis is an accomplished emergency room malpractice attorney in Atlanta, Georgia. He has received virtually every award and honor available to Georgia trial attorneys. He is one of the foremost experts on emergency room malpractice law in Georgia. Published on March 16, 2017, last updated on June 27, 2019.

Emergency room malpractice lawyers are essential to litigating scary situations. Patients go to emergency rooms expecting good medical care from well-trained doctors and nurses. Although most emergency room doctors and nurses provide excellent care, inattention, and carelessness all too often result in permanent injury or death. 


Lack of communication between doctors, nurses, and technicians, however, have caused countless injuries to patients who come to an emergency room seeking prompt and high-quality care. Any time an emergency room doctor or nurse hurriedly misdiagnoses a patient’s condition, the consequences can be dire. 


For example, Davis Adams has represented patients with deadly bacterial infections—such as necrotizing fasciitis and meningitis—who were rushed through emergency rooms, misdiagnosed as having simple viral illnesses and sent home with nearly fatal consequences.


Like all medical negligence cases, those involving emergency room errors are generally complex in nature and replete with opportunities for negligent parties to avoid taking responsibility. We diligently discover the important facts, retain world-class expert witnesses and methodically prepare emergency room error cases for trial in a way that maximizes the opportunity for a verdict that provides justice for our clients.

Emergency room negligence.

Emergency room negligence may be an everyday occurrence. Since emergency rooms often get overcrowded, and many patients at the emergency area need immediate care, it can result in caregivers failing certain patients. This can lead to injury, wrongful therapy, or mistakes in administering medicine or anesthetics. 


In instances such as this, the hospital could be held accountable and sufferers may document a medical malpractice case against the hospital in place of the health care professionals that are administering the treatment.

How does the “gross negligence” standard apply to emergency room malpractice cases?

In Georgia, believe it or not, physicians and nurses are protected from emergency room malpractice suits by state law (O.C.G.A. 51-1-29.5) from being sued if they provide negligent medical care in an emergency room. Yes, that’s right: they can be negligent, and there’s generally no legal recourse for the injured patient. Instead, the doctor or nurse must be grossly negligent (something close to careless) before the patient can sue. 


This misguided and nonsensical law, which was rammed through the Georgia legislature by big-spending corporate lobbyists, simply means that ordinary people injured by shoddy care in emergency rooms will not have access to the courts.


It also means that if you have an emergency room case, you’ll need the best and most experienced emergency room lawyer you can find. You’ve come to the right place. Davis Adams knows how to avoid the gross negligence statute, and how to beat it when there’s no way around it.

Read what one emergency room negligence client has to say:

“I was admitted to an emergency room at a major Atlanta hospital and sat in a room for 8 hours while necrotizing fasciitis spread up my leg. I went into a coma for several months before having my leg amputated. I barely survived. Chad and Jess helped me put my life back together in many ways, starting with holding the ER doctor and staff responsible for their lack of care.”

T.D. of Stockbridge, GA  

What is the statute of limitation for emergency room malpractice?

Normally, the statute of limitation to anesthesiology prosecution in Georgia is just two years from the date of their negligent care. For kids, the statute of limitation generally expires on the child’s 7th birthday.


However, certain conditions may expand the statute of limitation like when a physician achieves palliative care that is later detected. Other cases can entail shorter time intervals in which a case has to be pursued (by way of instance, once the negligent carrier is used by a government entity, which may activate claim telling deadlines as brief as six weeks from the date of their negligent care). Further, a few particular kinds of malpractice, like if a foreign object is left in a patient following an operation, possess special statutes of limitation (for foreign objects, it is one year from the date that the object is found ).


Thus, the best answer: it depends. And our very best advice: do not attempt to ascertain the statute of limitation in your; contact us and we will be happy to collect and examine the details required to offer you the right response. Contact Davis Adams for a consultation and advice.

Our medical malpractice lawyers are emergency room malpractice experts.

Emergency Room Malpractice Atlanta

Georgia’s top medical malpractice firm.

We’ve fought for clients in every type of medical negligence case there is. Our record speaks for itself, tens of millions of dollars recovered in verdicts and settlements. Before it’s too late, let’s discuss your options.

Tens of millions of dollars in verdicts and settlements validate our commitment to doing emergency room malpractice litigation—and doing it better than any other law firm. We are immersed in medical negligence litigation every day, quickly spotting trends in anesthesiology as they develop, pioneering new legal strategies and tactics to combat the ever-changing insurance defense industry, and constantly discussing our clients’ cases with leading medical experts around the country. 


We are always honing our skills as medical malpractice attorneys, from anesthesia malpractice to emergency room issues to misdiagnosis lawsuits. Nobody does it better than Jess Davis and Chad Adams.

Having an experienced emergency room malpractice lawyer matters.

Insurance company attorneys who shield emergency room doctors and nurses understand us. In fact, most of the main players in the insurance defense industry in Georgia understand who we are, and what we’re capable of doing in a courtroom. They understand our results because they’ve seen us in action. And they know that when we pursue a case, we will never pay for anything less than fair remedy for our customer in the shape of full financial damages. 


Choosing Davis Adams means leveraging our years of surgery malpractice expertise, and our reputation for excellence, to help optimize your recovery.