Emergency room errors are a form of medical malpractice caused by negligence in an emergency health setting. This negligence can lead to years of sustained suffering, medical expenses, and more. The types of emergency room errors that a victim may encounter are broad and the resulting consequences can be very serious — even life-altering. Some incidents may even result in death.
After more than 30 years of medical malpractice law, however, trial lawyer David L. Hunter of Erie, PA has seen it all — from failure to diagnose or provide adequate care, to unnecessary testing and treatment. Do you feel that you, your child, or loved one were not treated fairly in an emergency room setting?

Unfortunately, emergency room errors come in many forms, often making them challenging to determine and build a case from. Luckily for you, Hunter is experienced in this area and has made a nearly four-decade-long commitment to investigating every case he takes on fully to determine the individual or department responsible for the negligence. He is an advocate for victims in and out of court and fights to bring them closure, justice, and monetary compensation.
Is an ER doctor held to a different legal standard in Pennsylvania? While the ER is a high-pressure environment, Pennsylvania law still requires medical staff to meet the standard of care expected of a "reasonably competent" emergency professional. A mistake isn't malpractice simply because there was a poor outcome; it becomes a legal claim when the staff's actions deviate from accepted medical protocols. Can I sue the hospital for an ER doctor's mistake? Yes. Under the "vicarious liability" doctrine, Erie hospitals can be held responsible for the negligence of their employees. Furthermore, the "corporate negligence" doctrine allows you to sue the hospital directly if their systemic issues—like chronic understaffing or lack of proper equipment—contributed to the error. What is "triage negligence" in an emergency room? Triage negligence occurs when hospital staff fail to properly prioritize patients based on the severity of their condition. If an Erie ER makes a patient with "red flag" symptoms (like chest pain or sudden numbness) wait for hours, and that delay leads to a heart attack or stroke, the facility may be liable. What are the most common life-threatening ER misdiagnoses? In Erie, the most frequently missed or misdiagnosed conditions include myocardial infarction (heart attack), strokes, pulmonary embolisms, and sepsis. If a physician dismisses these symptoms as minor issues—like acid reflux or a simple infection—without running the proper diagnostic tests, it may constitute medical malpractice. Is "premature discharge" considered medical malpractice? It can be. If an ER physician in Pennsylvania discharges a patient before they are medically stable or before receiving critical test results, and that patient's condition worsens at home, it may be a case of negligence. Hospitals must ensure a patient is safe to leave and provide clear follow-up instructions. What if the ER doctor was an independent contractor? Many ER doctors in Erie are technically independent contractors, not hospital employees. However, under the doctrine of "ostensible agency," a hospital can still be held liable if a patient reasonably believed the doctor was a hospital agent. Attorney David L. Hunter investigates these employment contracts to identify all responsible parties.