Medical Malpractice Attorney in San Francisco, California How do you typically approach negotiations and settlements in emergency room malpractice cases?
How do you typically approach negotiations and settlements in emergency room malpractice cases?
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ER malpractice cases are not much different from other malpractice cases, but they have unique aspects. Doctors in the emergency room have a very specific role in the healthcare delivery system. Their primary responsibility is to quickly identify life-threatening conditions and direct patients to the appropriate specialists for treatment. As a result, juries often have a great deal of empathy for ER doctors and frontline nurses, particularly in the wake of the COVID-19 pandemic.
In handling ER cases, the firm focuses on determining whether the physician used the correct diagnostic process to arrive at a likely diagnosis and referred the patient to the appropriate specialists. There’s an old adage in emergency medicine: “worse first,” meaning doctors should focus on identifying the most serious conditions first and then rule out less critical possibilities. When negotiating these cases, the firm recognizes that ER doctors aren’t always perfect—they may make mistakes—but as long as they follow the right diagnostic pathway, they are likely to receive understanding from juries. This understanding is taken into account during settlement negotiations.
San Francisco, CA medical malpractice attorney Jeff Mitchell discusses his typical approach to negotiations and settlements in emergency room malpractice cases. He notes that ER malpractice cases share similarities with other malpractice claims but carry unique characteristics. Emergency room physicians play a critical role in the healthcare system—their primary duty is to rapidly identify life-threatening conditions and ensure patients are referred to the appropriate specialists for treatment. Because of this responsibility, juries often hold considerable empathy for ER doctors and frontline nurses, a sentiment that has only grown stronger since the COVID-19 pandemic.
When his firm handles ER cases, the focus is on whether the physician followed the correct diagnostic process, arrived at a reasonable likely diagnosis, and made the proper referral to specialists. He often refers to the long-standing principle in emergency medicine: “worse first,” which means physicians must first identify and address the most serious potential conditions before ruling out less critical ones. In negotiations, he acknowledges that ER physicians are not infallible and may make mistakes. However, if they adhere to the proper diagnostic pathway, juries tend to extend them understanding—a factor that is carefully considered during settlement discussions.
