West Virginia Emergency Room Malpractice Attorney


The emergency room in a hospital has a duty to provide appropriate care to all patients. In fact, the emergency room has an affirmative duty to provide care, according to The Emergency Medical Treatment and Active Labor Act (EMTALA), a federal statute. EMTALA applies to the great majority of hospitals, including all hospitals that participate in federally funded programs such as Medicare and Medicaid. The purpose of EMTALA is to prevent hospitals from rejecting patients or refusing to treat them or transferring them to charity hospitals or county hospitals. The point is that if a patient enters an emergency room, the hospital has a duty to treat the patient properly. Unfortunately, in some instances a patient is harmed during the emergency room assessment and subsequent treatment. Sometimes an injury or illness is misdiagnosed or improperly treated. When an emergency room negligently harms or fatally wounds a patient, the hospital and/or attending medical professionals may be held accountable for damages in a medical malpractice lawsuit. The West Virginia law firm of Tiano O’Dell offers a complimentary consultation to help you understand your options and potential course of action.

Emergency Room Malpractice Errors:

While there are numerous emergency room errors, some of the common ones include the following:

  • Failure to diagnose, improper diagnosis  – the emergency room physician does not make the proper diagnosis
  • Failure to diagnose a heart attack, stroke, blood clot, internal bleeding – leading to severe injury or death
  • Medication errors – improper medication can cause severe illness or death
  • Denying diagnostic testing – a patient must be stabilized in the emergency room before leaving
  • Inadequate laboratory testing – faulty or inadequate lab tests may result in further harm, or death
  • Premature patient discharge – discharging a patient before they are stabilized
  • Failure to diagnose the severity of a closed head injury – bleeding, swelling can lead to permanent injury

Complimentary Consultation with West Virginia Emergency Room Malpractice Lawyer, No Fees Unless We Win Your Case:

If you entered an emergency room for treatment but your condition was misdiagnosed, or if you were mistreated or in any way not provided with proper medical care leading to an illness or injury, compensation may be available in a medical malpractice claim. Emergency rooms must treat patients in accordance with accepted medical standards of care. Deviation from these standards may give rise to a malpractice claim. Tiano O’Dell has been representing clients for more than twenty years and in fact have been recognized for their professionalism and client dedication. They were name as Top 100 Trial Lawyers by the esteemed American Trial Lawyers Association and have been designated as West Virginia Super Lawyers. They will give your case the meticulous attention to detail that it deserves as compensation is pursued. There are no fees unless your case is settled or won at trial. To schedule your free case review, contact Tiano O’Dell at 304-720-6700.

Attorney Advertising. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.