Emergency Room Malpractice Archives - Page 2 of 22

Florida Judge Reduces $71M Medical Malpractice Verdict To $41M But Refuses To Apply Medicaid Cap

March 2, 2026

Florida Statute section 766.118(6) caps noneconomic damages awardable specifically to Medicaid patients to $200,000 per provider and $300,000 per incident when that treatment has been determined by a jury to be negligent. A judge of the Circuit Court of the Thirteenth Judicial Circuit for the State [...]

Federal District Court Dismisses EMTALA Claim

February 28, 2026

Plaintiff Todd Jeude filed an action under the Emergency Medical Treatment and Active Labor Act (EMTALA) and state law, alleging Defendants negligently discharged him from the hospital after treating him for injuries sustained in amotorcycle accident. He named as Defendants SSM St. Clare Hospital, K[...]

Emergency Medical Treatment and Labor Act (EMTALA) Lawsuits

February 23, 2026

An article appearing in Clinical Practice Cases Emergency Medicine in September 2025 entitled “Medical Malpractice in the Waiting Room: Who Is at Risk?” provides a helpful general analysis of the requirements of the Emergency Medical Treatment and Labor Act (“EMTALA”): Since [...]

Nevada Supreme Court Holds Negligent Decision To Discharge Patient Is Medical Malpractice Claim, Not Ordinary Negligence

January 30, 2026

Scott Freeman was discharged in the middle of the night from Renown Regional Medical Center after being treated for mere hours. Scott’s wife, Melissa Freeman, was traveling at the time, and thus, there was no adult in the home to receive Scott or provide him with care following his discharge. [...]

$3M Upstate New York Medical Malpractice Verdict For Misdiagnosis Of Perirectal Abscess In ER

December 16, 2025

An upstate New York medical malpractice jury awarded a 49-year-old woman $3 million ($1 million for past pain and suffering and $2 million for future pain and suffering) on October 10, 2025 in her medical malpractice case against a hospital for the alleged failure to diagnose an abscess when she wen[...]

Georgia Appellate Court Affirms Dismissal Of Medical Staffing Company From Medical Malpractice Case

December 8, 2025

Brian Schriver was treated by a doctor in a hospital emergency room and died approximately 24 hours later. Schriver’s wife filed suit against, inter alia, North Fulton Emergency Physicians (“NFEP”), which had supplied the emergency room doctor. NFEP filed a motion for summary judgment on the g[...]

$70.8M Florida Medical Malpractice Verdict

November 11, 2025

On September 25, 2025, a Florida medical malpractice jury returned its verdict in the amount of $70.8 million in favor of the 38-year-old plaintiff involving a nurse practitioner employed by InPhyNet Contracting Services (a subsidiary of TeamHealth), who was acting in her capacity as an agent of a f[...]

Georgia Appellate Court Affirms Medical Malpractice Defense Verdict

November 9, 2025

Robert J. Smith and Henry J. Smith, as surviving sons of Barbara Smith and personal representatives of her estate, filed a Georgia medical malpractice action against Phillipe Gadegbeku, M.D., Nabil Muhanna, M.D., and their respective employers. The Plaintiffs alleged the Defendants failed to provide[...]

South Carolina Appellate Court Revives Medical Malpractice Wrongful Death Complaint, Holding That Expert’s Affidavit Was Sufficient

November 6, 2025

On January 18, 2018, Douglas Williford was involved in a motor vehicle accident and drove himself to the AnMed Health emergency room (ER) in Anderson County. Williford arrived in the ER at approximately 9:08 p.m. and was discharged at 10:39 p.m., “ten minutes after his brief examination”[...]

$1.4M Virginia Medical Malpractice Verdict For Missed Ulcer Diagnosis In ER, Leading To Death

November 4, 2025

On March 17, 2025, a Virginia medical malpractice jury returned its verdict in the amount of $1.4 million for the death of a 30-year-old man who had a perforated duodenal ulcer that was misdiagnosed in the ER. The man went to a hospital ER on December 28, 2019, complaining of 10 out of 10 abdominal [...]

Arizona Supreme Court Clarifies Clear And Convincing Evidence Standard Of Proof Involving Emergency Department Malpractice Claims

October 27, 2025

Under A.R.S. § 12-563(2), a plaintiff in a medical malpractice action must prove that “the failure of a health care provider to follow the accepted standard of care . . . was a proximate cause of the injury.” This is a prima facie element of a medical malpractice claim. A separate statute, A.R.[...]

1 In 13 U.S. EDs Lack 24/7 Attending Physician Coverage

October 16, 2025

A recent survey of the 5,622 nonfederal emergency departments (EDs) in the United States, of which 4,621 (82%) responded to the question “Is at least one attending physician (not resident) on duty in the ED 24 h/d?”, found that 1 in 13 U.S. EDs lack 24/7 attending physician coverage: “[...]

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Category: Emergency Room Malpractice