Can You Sue an Emergency Room for Negligence?

Written by the Hughes and Barnard Law Firm, PA marketing team and reviewed by Attorney Howard Hughes to ensure quality and accuracy.

When you visit an emergency room, you’re often facing a critical medical situation that demands fast, accurate, and competent care. Emergency room staff have a legal duty to provide treatment that meets accepted medical standards. Unfortunately, errors happen far too often—and when they do, the consequences can be devastating.

If you or a loved one suffered harm due to substandard emergency care, you may be asking, “Can you sue an emergency room for negligence?” The answer is yes—under Florida law, patients who are injured due to ER negligence can file a medical malpractice lawsuit to seek compensation.

At Hughes and Barnard Law Firm, PA, we are committed to helping victims of medical negligence hold hospitals and healthcare providers accountable. We understand the physical, emotional, and financial impact of medical errors, and we’re here to fight for justice on your behalf.

What Constitutes Emergency Room Negligence?

Emergency room negligence occurs when doctors, nurses, or other staff members in the ER fail to uphold the standard of care expected in a medical emergency. This can lead to incorrect or delayed treatment, misdiagnosis, or other errors that cause significant harm or even death.

Common Examples of ER Negligence Include:

Failure to diagnose serious conditions like heart attacks, strokes, internal bleeding, or infections

Delayed treatment that results in worsening of a condition

Improper triage, where patients with life-threatening symptoms are not prioritized correctly

Medication errors, including incorrect dosage or drug interactions

Failure to order necessary diagnostic tests, such as imaging or bloodwork

Premature discharge without proper evaluation or follow-up instructions

Inadequate monitoring of a patient’s vital signs or symptoms

These kinds of errors may be attributed to understaffing, poor communication, lack of training, or even negligence on the part of individual medical professionals. Regardless of the cause, victims have the right to seek accountability.

Can You Sue an Emergency Room for Negligence in Florida?

Yes, you can sue an emergency room for negligence if the following criteria are met:

  1. A doctor-patient relationship existed.
     This is typically established when you are admitted and treated in the ER.
  2. The provider breached the standard of care.
     This means the treatment fell below what a competent provider would have done under similar circumstances.
  3. The breach caused injury or harm.
     You must show that the negligence directly led to your injury or worsened condition.
  4. You suffered damages.
    These can include additional medical expenses, lost income, long-term disability, pain and suffering, or wrongful death.
can you sue an emergency room for negligence 2

Medical malpractice laws in Florida are complex, and strict deadlines apply. It is crucial to work with a skilled legal team that understands how to navigate these cases.

Why Choose Hughes and Barnard Law Firm, PA?

We are a Florida-based law firm with a proven track record of fighting for victims of medical negligence. Unlike firms that represent hospitals or healthcare providers, we focus solely on representing the injured. That means your voice is our top priority.

Our Approach Includes:

Free, no-obligation consultations

Thorough case evaluations with medical experts

Meticulous investigation of hospital records, staffing logs, and diagnostic procedures

Aggressive representation in negotiations or court

No fees unless we win your case

We proudly serve clients across Florida, including West Palm Beach, Boca Raton, Fort Lauderdale, and surrounding areas.

Frequently Asked Questions (FAQs)

1. Can you sue an emergency room for a misdiagnosis?

Yes. A misdiagnosis in the ER—especially of a serious condition like a heart attack or stroke—can lead to life-threatening consequences. If the misdiagnosis was due to negligence, you may have a valid claim.

These cases can be challenging because emergency situations are unpredictable. However, with the right legal and medical team, we can collect the necessary evidence to prove negligence and build a strong case.

In Florida, you typically have two years from the date of the injury—or the date it was discovered—to file a medical malpractice lawsuit. There are exceptions, so it’s important to speak with an attorney as soon as possible.

You may be able to sue the hospital, the individual healthcare provider, or both. This depends on the circumstances of your case, including who was responsible and whether the provider was an employee or a contractor.

You may be entitled to damages for:

  • Medical expenses (current and future)
  • Lost wages and earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Wrongful death (if applicable)

Contact Hughes and Barnard Law Firm, PA Today

If you’re still wondering, “Can you sue an emergency room for negligence?”, don’t wait to find out. Medical malpractice cases are time-sensitive and require immediate legal attention.

Let our experienced attorneys help you uncover the truth and pursue full and fair compensation. We offer compassionate legal support and aggressive advocacy every step of the way.

Call us now or contact us online to schedule your free consultation.

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