What Is Emergency Room Malpractice in Missouri?
Emergency room malpractice occurs when an ER doctor, nurse, or hospital staff member fails to meet the appropriate professional standard of care, resulting in patient injury or death. In Missouri, these cases fall under medical malpractice law and require proof that the provider’s actions or inaction directly caused a patient harm. This standard can be challenging to meet, especially in high-stress ER settings. However, emergency room personnel are still held accountable for:- Failing to recognize or treat life-threatening symptoms,
- Misdiagnosing serious medical conditions,
- Administering the wrong medication or dosage,
- Ignoring or misreading diagnostic tests, and
- Discharging patients too early without adequate testing.
Common Forms of ER Negligence in Missouri
While emergency rooms are designed to triage and treat quickly, mistakes often happen when corners are cut or protocols aren’t followed. Here are the most common grounds for an ER negligence lawsuit in Missouri.1. Emergency Room Misdiagnosis in Kansas City
ER physicians may incorrectly diagnose or completely miss serious conditions such as:- Heart attacks (especially in women),
- Strokes,
- Brain hemorrhages,
- Sepsis or infections,
- Internal bleeding, and
- Appendicitis.
2. ER Delay in Treatment Legal Claim
Long wait times, overwhelmed staff, or a failure to prioritize symptoms can result in deadly delays. A patient suffering from a stroke or cardiac event may be forced to wait hours for treatment, with catastrophic consequences.3. Medication Errors
Emergency rooms are fast-paced and chaotic, but that doesn’t excuse giving the wrong medication or dosage. Administering drugs to which a patient is allergic or mixing incompatible medications can cause permanent damage.4. Failure to Order Necessary Tests
If your condition worsened because an ER doctor skipped crucial imaging (such as a CT scan) or bloodwork, that may be grounds for malpractice.5. Discharging a Patient Too Soon
Some patients are sent home while still experiencing dangerous symptoms. If an early discharge results in a medical emergency, the ER staff may be held liable.How to Prove Emergency Room Malpractice in Missouri
To succeed in a malpractice case, you must show:- A doctor-patient relationship existed—such as you being formally treated by the medical provider or ER staff;
- The provider failed to meet the standard of care—meaning they acted negligently or omitted necessary steps;
- Their negligence caused your injury—allowing you to establish a clear link between the mistake and the harm you suffered; and
- You suffered damages—such as physical harm, emotional distress, medical bills, lost wages, etc.
Signs You May Be a Victim of ER Negligence
Not every poor outcome is grounds for a lawsuit, but here are red flags that may indicate emergency room malpractice in Missouri:- You were diagnosed with a serious condition shortly after being discharged from the ER;
- Your symptoms were ignored or dismissed as minor despite obvious distress;
- You were given medication that caused a severe or allergic reaction;
- Your loved one died after being sent home from the ER without proper evaluation; and
- The ER failed to run tests that later revealed a life-threatening condition.
How Long Do You Have to File an ER Malpractice Claim in Missouri?
In Missouri, most ER negligence lawsuits must be filed within two years of the date of injury or discovery of the injury. However, there are exceptions, especially in cases involving minors or wrongful death. Time is critical. Evidence must be preserved, and medical records must be reviewed. If you wait too long, you may lose the right to recover compensation.What Compensation Can You Recover in an ER Negligence Lawsuit?
If your case is successful, you may be entitled to damages for:- Past and future medical bills,
- Lost income or earning capacity,
- Pain and suffering,
- Disability or disfigurement,
- Emotional trauma, and
- Loss of companionship (in wrongful death cases).
Why You Need an Experienced ER Malpractice Attorney in Kansas City
Emergency room malpractice claims are complex and heavily defended by hospitals and insurance companies. That’s why it’s essential to have a skilled medical malpractice lawyer on your side. At Dempsey Kingsland & Osteen, we are nationally recognized trial lawyers with over 40 years of litigation experience in Missouri and Kansas. We handle only high-value medical malpractice and catastrophic injury cases and have a whole team of in-house experts, including doctors and nurses. We understand the legal, emotional, and medical aspects of your case. Our attorneys will thoroughly investigate your claim, consult with experts, and fight for the full compensation you deserve, whether through negotiation or trial.Contact a Kansas City Emergency Room Malpractice Lawyer Today
If you believe you were harmed by negligent care in a Missouri ER, do not wait. Let our team at Dempsey Kingsland & Osteen review your case for free and help you understand your legal options. We serve clients across Missouri and Kansas, including in Kansas City, and we only handle serious injury and wrongful death claims. Contact us today at (816) 421-6868 to schedule a free consultation with a proven emergency room malpractice attorney in Missouri.
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