ER NEGLIGENCE
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ER Negligence in Florida Hospitals
Emergency rooms are often the first line of defense in life-or-death medical situations. Patients arrive expecting urgent evaluation, diagnosis, and treatment. But when hospitals fail to provide proper care in the ER, the results can be catastrophic.
At Loutos Law, we represent patients and families across Florida harmed by emergency room negligence. From missed heart attacks and strokes to discharging patients who should have been admitted, we’ve seen firsthand how ER errors devastate families.
Our firm has gone up against some of the biggest hospitals in the country—and we don’t back down. If an ER mistake has harmed you or a loved one, we’re ready to fight for the justice and compensation you deserve.
Florida Law and ER Negligence – Statute 766
ER malpractice claims in Florida are unique because they fall under Florida Statute §766.102(1), which establishes a heightened burden of proof. Under this statute, plaintiffs must prove that ER providers acted with “reckless disregard” for the patient’s safety—not just simple negligence. In other words, you must show that:
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The provider’s actions went beyond ordinary negligence, and
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They demonstrated a conscious disregard for a known risk of harm.
This higher standard makes ER negligence cases more challenging—but not impossible. With the right evidence, expert testimony, and aggressive advocacy, patients can still win justice.
Common Examples of ER Negligence
Emergency rooms are high-pressure environments, but that does not excuse preventable errors. Some of the most common—and most devastating-forms of ER negligence include:
01
Missed Heart Attacks
One of the most common ER errors is failing to diagnose a heart attack. Patients may present with chest pain, shortness of breath, or nausea. When hospitals dismiss these symptoms as indigestion, anxiety, or fatigue, the results can be fatal.
02
Missed Strokes
Strokes are another time-sensitive emergency where delays in diagnosis or treatment cause permanent disability. Failure to order imaging, misinterpreting symptoms, or not calling in a neurologist quickly enough are all negligent.
03
Sending Patients Home Prematurely
ER doctors sometimes discharge patients too quickly, ignoring warning signs that admission is necessary. Patients may be sent home only to suffer cardiac arrest, sepsis, or another medical crisis hours later.
04
Medication Errors
In the chaos of an ER, patients may receive the wrong medication, incorrect doses, or drugs they are allergic to. These mistakes can cause dangerous reactions or even death.
05
Failure to Triage Properly
Triage is meant to ensure that the sickest patients receive care first. When hospitals fail to triage correctly, patients in critical condition may wait too long, with devastating consequences.
06
Ignoring Abnormal Test Results
ER staff often order blood tests, EKGs, or imaging but fail to review or act on abnormal results in time.
07
Delayed Treatment of Infections
ERs must recognize and treat sepsis early. When staff dismiss fevers, confusion, or elevated white blood cell counts, infections can spiral out of control.
Consequences of ER Negligence
When ER negligence occurs, the results can be life-changing:
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Permanent disability from untreated heart attacks or strokes
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Brain damage due to delayed oxygen or sepsis treatment
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Worsening illness due to premature discharge
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Loss of income and independence
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Wrongful death
Why ER Negligence Happens
The impact of a birth injury goes far beyond the delivery room. Families may face:
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Overcrowding: Florida ERs are often overwhelmed with patients.
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Understaffing: Too few doctors and nurses leads to rushed evaluations.
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Cost-Cutting by Hospitals: Some ERs discharge patients quickly to reduce costs.
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Inexperience: Residents or inexperienced doctors may miss subtle but critical signs.
How Loutos Law Fights ER Negligence Cases
ER negligence cases are tough under Florida law-but at Loutos Law, we know how to win them.
Our approach includes:
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Thorough investigation into ER charts, test results, and discharge notes.
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Expert testimony from emergency medicine specialists.
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Aggressive litigation against hospitals and their powerful insurers.
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Experience against major hospitals—we have successfully gone up against some of the biggest healthcare institutions in the country.
Steps to Take If You Suspect ER Negligence
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Seek medical care immediately for any ongoing health concerns.
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Obtain your ER records, including test results and discharge paperwork.
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Document your experience, including timelines and conversations.
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Contact Loutos Law as soon as possible to begin investigating your claim.
Frequently Asked Questions
About ER Negligence in Florida
LOUTOS LAW
Protects Victims of ER Negligence Across Florida
Emergency rooms are meant to save lives-not cut corners. When hospitals and ER staff fail to diagnose, treat, or admit patients who need care, the results are devastating.
At Loutos Law, we fight for victims of ER negligence across Florida. From Fort Pierce and the Treasure Coast to Miami, Orlando, Jacksonville, Tampa, and beyond, we’ve taken on some of the biggest hospitals in the country-and won.
If you or a loved one were harmed by ER negligence, contact Loutos Law today for a free consultation. We’ll hold hospitals accountable and fight for the justice you deserve.