Emergency Room Errors and Medical Malpractice

Emergency rooms are often chaotic, high-pressure environments. However, the intensity of the ER does not excuse healthcare providers from meeting the accepted standard of care. When errors occur in the emergency department, the results can be life-altering or even fatal.

Common Emergency Room Errors

While every case is unique, several types of errors frequently appear in ER-related medical malpractice claims:

When Does an ER Mistake Become Malpractice?

Not every unfavorable outcome in an emergency room qualifies as medical malpractice. To have a valid legal claim in Texas, you must typically prove three things:

1. Standard of Care: What would a reasonably competent ER physician have done under similar circumstances?
2. Breach of Duty: The healthcare provider failed to meet that standard of care.
3. Causation: The provider's negligence directly caused an injury or death that wouldn't have otherwise occurred.

Texas Emergency Room Liability: When the Standard Is Heightened

Texas Civil Practice and Remedies Code Section 74.153 imposes a heightened "willful and wanton negligence" standard for some claims arising out of emergency medical care. The key word is some. The statute does not apply to every ER case, and a careful reading of the statute and how Texas courts have interpreted it matters enormously to whether a claim is viable.

Section 74.153 applies when all of the following are true:

• The care was provided in a hospital emergency department or obstetrical unit, or in a surgical suite immediately following the evaluation or treatment of a patient in a hospital emergency department.
• The care was bona fide emergency services.
• The patient was not receiving treatment under a prior physician-patient relationship in those facilities.

When all three conditions are met, the plaintiff must prove that the provider acted with "willful and wanton negligence," which Texas courts have interpreted as requiring proof of conscious indifference to the rights, safety, or welfare of the patient. That is a higher burden than ordinary negligence.

When Section 74.153 Does Not Apply

The ordinary negligence standard, not the heightened standard, applies in many ER fact patterns, including:

• Care provided after the patient was stabilized and the emergency had ended.
• Care provided to a patient who had already been formally admitted to the hospital.
• Care delivered by a physician who already had a treatment relationship with the patient at that facility.
• Diagnostic decisions made in the ER that were not bona fide emergency services (for example, the management of a stable patient).
• Failures by hospital nursing or administrative staff that are independent of the emergency physician's clinical judgment.

Whether Section 74.153 applies to a particular case is a fact-specific legal question that should be evaluated by an attorney who has handled Texas ER malpractice claims. In many cases the correct framing of the standard is itself a contested issue, and getting it right early shapes the entire litigation strategy.

What to Do If You Suspect an ER Error

If you believe you or a loved one suffered harm due to an emergency room mistake:

• Seek Corrective Care: Your health is the priority. See another doctor to address the ongoing medical issue.
• Request Records: Obtain a complete copy of your ER medical records and discharge papers.
• Document Everything: Keep a timeline of events, including who you spoke to and what symptoms were reported.
• Consult an Attorney: Do not sign any settlements or waivers from the hospital without legal advice.