Will Freestanding Ers Be Held Liable For Hospital Malpractice?

On behalf of Hastings Law Firm P.C. posted in Texas Attorney for Medical Facility Negligence on Tuesday, June 30, 2015.

There is a new trend in Texas involving the development of independent emergency rooms that is causing concern among several parties, including emergency technicians and services such as the fire department. A report from El Paso states the concern relates to the level of care such freestanding ERs can provide and who would be at fault in the event of a lawsuit involving hospital malpractice or negligence. Several parties have questioned the ability of these facilities to provide proper emergency care.

The Texas Administration Code 131 requires that there must be transfer policies in place whereby patients with conditions that cannot be adequately treated at freestanding ERs will be transferred to emergency facilities that can provide adequate care. Some of these freestanding ER facilities are linked to hospitals. Concerned parties stated that errors by the smaller facilities can lead to medical malpractice lawsuits against the associated hospitals.

Another concern mentioned was related to decisions by EMTs to take patients to the freestanding emergency rooms rather than better-equipped emergency rooms at the hospitals. It was asked whether the EMT can be held liable if there are complications that may have been avoided had the patient been transported to a hospital’s ER facility from the onset. The deputy chief of the El Paso Fire Department said the freestanding facilities must inform the state health service of the types of emergencies that can be accommodated. He asserts that these facilities are suitable to treat general ailments but suggests emergencies are best treated at the emergency rooms of hospitals.

Residents in Texas who believe that hospital malpractice may have caused adverse medical consequences may have viable claims. Discussing the matter with an experienced medical malpractice attorney may bring clarity as to whose negligence caused the condition and whether or not recovery of financial damages is appropriate. Our medical malpractice attorneys in Houston, TX are here to help. A lawyer can assist with gathering evidence to substantiate a claim and provide guidance throughout the legal proceedings that will follow the filing of a lawsuit.

Source: kfoxtv.com, “New medical trend raises new legal questions”, Ryan Hill, June 25, 2015