Warning: Failure to Diagnose Heart Attack in Emergency Rooms Can Be Deadly

Every minute counts when someone is having a heart attack. But if emergency room staff fails to recognize the signs and symptoms, precious time can be lost, with tragic consequences. Symptoms of a heart attack include chest pain or discomfort, shortness of breath, nausea or vomiting, cold sweats, lightheadedness, and a feeling of being unwell. If you or a loved one suffered harm due to misdiagnosis of a heart attack, you need to act quickly to protect your rights. Don't wait until it's too late - seek legal advice as soon as possible.

3 Steps to Take After an ER Heart Attack Misdiagnosis

  1. Seek immediate medical attention for any new or worsening symptoms. The health and safety of the patient must be the top priority. If you suspect a heart attack, don't assume it's not serious - get checked out right away. Even if tests come back negative, trust your instincts.
  2. Contact a qualified medical malpractice attorney who handles failure-to-diagnose cases as soon as possible, ideally within 1 year of the misdiagnosis (statute of limitations varies by state). An experienced lawyer can guide you through your options and protect your rights during this stressful time. They may request copies of medical records, bills, and other relevant evidence.
  3. Preserve all relevant evidence, including medical records, bills, and any communications with the negligent healthcare provider or facility. Keep a detailed record of all expenses related to your misdiagnosed heart attack injury. Documenting every detail will be crucial if you choose to pursue legal action.

The Law on Emergency Room Liability for Heart Attack Misdiagnosis

When a patient presents to an emergency room experiencing symptoms of a heart attack, the law requires the medical staff to exercise reasonable care (standard of care) in diagnosing and treating the condition. This duty extends to promptly recognizing signs like chest pain, shortness of breath, nausea, cold sweats, lightheadedness, etc. Failure to do so can lead to serious consequences. A failure to follow this standard of care and diagnose a true myocardial infarction when one is actually occurring constitutes negligence under California Code § 1431.2(b). The resulting harm - potentially death or severe complications like heart damage, stroke, organ failure, etc. - can form the basis for a medical malpractice lawsuit. To prevail, the injured patient (or their family if the patient died) must prove: 1) The ER staff owed a duty of care to the patient; 2) They breached that duty through substandard diagnosis/treatment; 3) This breach directly caused the patient's injuries/damages. Damages can include compensation for medical bills, lost wages/income, pain and suffering, and in wrongful death cases, loss of companionship and support. In egregious cases, punitive damages may also be available to punish the defendant. However, patients have a limited time window - usually 1 year from the date of misdiagnosis (not the injury) to file suit, per the statute of limitations for medical malpractice claims in most states. There are some exceptions like minors or those with mental incapacity. So if you suspect negligence caused harm after an ER visit for heart attack symptoms, don't delay in getting legal advice on preserving your rights. The sooner you act, the better chance you have at proving liability and maximizing compensation.

Common Defenses Used by Emergency Rooms in Heart Attack Misdiagnosis Cases:

  • The patient's symptoms were too vague or atypical for a definitive diagnosis of heart attack. This defense ignores the fact that many heart attacks start with less typical signs and symptoms, especially in women and younger patients.
  • A thorough examination was performed and no abnormalities were found. However, subtle signs like diaphoresis (excessive sweating), fatigue, dizziness or discomfort may be missed if not specifically asked about or looked for.
  • The patient denied any pain or discomfort when asked directly by the ER staff. But patients in acute distress may withhold complaints out of fear of being sent home or to avoid a potentially scary diagnostic workup.
  • Standard of care was met because the patient's heart attack symptoms were deemed low-risk using established clinical decision rules or scores. However, these tools are not infallible and can misclassify some true positive cases as negative if not used cautiously.

Frequently Asked Questions

  • Q: What damages can I recover if my heart attack was misdiagnosed?
    You may be able to recover economic damages like medical bills and lost income/wages, as well as non-economic damages for pain and suffering. If the patient died, you could seek loss of companionship and support damages. In some cases, punitive damages may also be available.
  • Q: How much time do I have to sue after an ER heart attack misdiagnosis?
    The deadline is typically 1 year from when the misdiagnosis occurred (not the injury or discovery of harm), but there are some exceptions for minors and those with mental incapacity. A lawyer can advise you on your specific situation.
  • Q: What if I missed the filing deadline?
    If you miss the statute of limitations deadline, you will be prevented from suing and recovering any damages. That is why it is critical to get a legal consultation as soon as possible after realizing harm occurred.
  • Q: How do I prove the ER staff was negligent in my heart attack misdiagnosis case?
    To win, you need to show the ER staff owed you a duty of care, they breached that standard through substandard treatment, this breach directly caused your injuries, and damages occurred. A skilled malpractice attorney can help prove each element.
  • Q: How long does it take to resolve a medical malpractice case like this?
    The timeline varies greatly depending on the facts of your case. Some settle quickly while others may take years to fully litigate in court. Your attorney should be able to give you a rough estimate of what to expect based on their experience.

If you or a family member is dealing with an injury you suspect was caused by negligence, don't wait to get answers. Request a free, confidential case review through this site today. A quick consultation can tell you where you stand and what your options are - so you can make informed decisions moving forward.

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