Serving Clients Throughout Upstate New York with Multiple Convenient Locations Syracuse | Oneida | Watertown | New Hartford | Binghamton | Cortland | Rochester | Oswego | Albany | Buffalo
Super Lawyers
Justia Lawyer Rating
Rue Ratings - Best Attorneys of America
Multi-Million Dollar Advocates Forum
National Association of Distinguished Counsel
Avvo Rating
Martindalle Hubbel
Best Law Firms

Proving Liability in Emergency Room Malpractice

Syracuse Law Firm to Prove Liability in Upstate New York Emergency Room Cases

When you go to the emergency room in Syracuse or elsewhere in Upstate New York, you hope to receive care for a serious medical problem that requires immediate attention. In most cases, the ER will perform a triage to determine the order in which patients require care, based on the severity of their medical condition. An ER doctor is trained to first take care of those problems that require a speedy response and then those that can be addressed in a slightly more leisurely fashion. Unfortunately, emergency rooms may be understaffed and the doctors and nurses who work on them are working in stressful, fast-paced conditions. Doctors, nurses, and staff do make mistakes that can result in serious injuries. Proving liability in emergency room malpractice lawsuits is a key aspect of recovering damages. If you believe you were harmed due to ER errors, you should call the seasoned Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Attorneys.

Proving Liability in Emergency Room Malpractice Lawsuits

Doctors, nurses, and staff are often exhausted by the difficult conditions of the ER. A large number of patients require them to make very quick medical decisions while still exercising good judgment. Unfortunately, medical errors are sometimes made in the ER and can result in catastrophic injuries or life-threatening injuries. In fact, they are a leading cause of death in the country. Emergency room errors can involve failure to take a medical history, failure to diagnose injuries, lack of training, understaffing, improper triaging, failure to order diagnostic tests or imaging, interpretation errors, lab mistakes, failure to refer a patient to a specialist, medication errors, surgical errors, or even failing to perform the correct procedure.

When a Syracuse health care provider in the ER makes a medical errors that causes you injuries, you may be able to bring a medical malpractice lawsuit. In order to hold the provider liable, our lawyers will need to prove it’s more likely than not: (1) the defendant ER provider owed you a professional standard of care, (2) the defendant breached the professional standard, (3) causation, and (4) actual damages. The professional standard of care depends on the region and specialty of the defendant provider. We would retain an expert to provide an opinion about what the professional standard of care was, given the circumstances in the ER and your particular characteristics as a patient.

Sometimes multiple errors combine to cause injury. Suppose, for example, you went to the ER with numbness, confusion, and difficulty speaking. If a nurse did not conduct triage adequately and as a result your medical history wasn’t fully taken and you didn’t receive fast enough care for an impending stroke, and the doctor also made a mistake while treating you, such that you were left permanently unable to speak, there may be several providers that should be held accountable.

Hospital Liability

In some cases, a hospital can be held vicariously (indirectly) liable for malpractice by an employee in the ER. However, our lawyers cannot pursue damages from the hospital for the malpractice committed by a doctor who works independently. However, in most cases, when you go to the ER, you are coming to the hospital for care, rather than a particular doctor. The hospital assigns the ER doctor, rather than you choosing that provider, In that case, an exception should apply such that we can pursue damages from the hospital.


If our Syracuse lawyers are able to establish liability for medical malpractice, we should be able to recover compensatory damages, including both your economic and losses. When the best outcome is achieved, this can include the full scope of your medical bills, medication, medical devices, lost income, lost earning capacity, pain and suffering, loss of enjoyment, loss of consortium, and any necessary replacement services.

Consult an Experienced Emergency Room Malpractice Lawyer

Emergency rooms are hectic. Unfortunately, mistakes that happen there can affect the rest of your life. If you are concerned about proving liability in an emergency room malpractice lawsuit, call the tenacious Syracuse medical malpractice lawyers of DeFrancisco & Falgiatano Personal Injury Attorneys. We seek best outcomes and justice for patients in Lowville, Rochester, Auburn, Watertown, Herkimer, Oswego, Wampsville, Canandaigua, Lyons, Ithaca, Cooperstown, Oneida, Utica, Binghamton, Elmira, Buffalo, Albany, and all of Upstate New York. For a free consultation, complete our online form or call us at 833-200-2000.

Client Reviews
"We were very impressed with how Jeff DeFrancisco represented us at trial and we were extremely happy when the jury found in our favor." D.M., Auburn, NY
"I suffered a serious injury as a result of medical malpractice. My husband and I retained Jeff DeFrancisco to assist us in this case. We were extremely happy with his representation and highly recommend him." Kelley R., Syracuse, NY
Since the insurance company was unwilling to settle the matter my case ultimately went to trial. At trial Jeff DeFrancisco did an absolutely amazing job by obtaining a very favorable result for me." T.H., Oneida, NY
"I highly recommend DeFrancisco & Falgiatano - Charlie represented me for a medical malpractice case. He is the best of the best. He is friendly and I am very happy with the representation he provided." Roger N., Oneida, NY