California Emergency Room Malpractice Lawyer

Nichole D. Podgurski, Partner

Helping Victim Recover Compensation for Their Injuries

Emergency rooms are fast paced, high stress environments. They are known to be some of the most challenging settings to practice medicine. Despite this, emergency room physicians still need to be held accountable for the actions when they make a mistake.

As with any medical malpractice action, the legal criteria for ER negligence will be the same as for other medical malpractice cases which includes:

  • The presence of a doctor-patient relationship.
  • The doctor owed a duty.
  • The doctor breached this duty.
  • The patient was injured because of the breach.



Doctor-Patient Relationship

When a doctor examines a patient in an emergency room setting, a doctor-patient relationship exists. There doesn’t need to be an ongoing relationship in this scenario, it is only required that a relationship was present at the time the mistake was made.


To prove that negligence occurred, the doctor’s actions will be measured against what another doctor would have done under similar circumstances. Because of the high stress environment, the doctor may be granted some leeway had he not been practicing in a high stress setting.

Breach of the Standard of Care

The next step is for the plaintiff’s lawyer to prove that the doctor breached his duty of care, or that it fell short of an acceptable standard in the medical community.

Harm Suffered by the Plaintiff

The plaintiff must prove that the doctor’s actions caused foreseeable harm. This harm must be significant and cause:

  • Medical expenses;
  • Loss of income;
  • Pain and suffering;
  • Loss of the ability to enjoy life.

If you were injured due to emergency room malpractice, you should not have to bear the costs of corrective treatment and loss of income as a result. Call Donahue & Feemster LLP for a free consultation. We can advise you of your legal options and ensure that your rights are protected. It is important to not delay. There are strict deadlines that need to be adhered to in order to preserve your claim. Call us today at 310-322-0300 or toll free at 877-664-5407.