Stuck in the ER Waiting Room: What Evidence Do I Need to Gather?

If you have suffered negative health consequences because you were forced to wait in the ER waiting room for an excessive amount of time, you might be considering legal action. However, you might have no experience with legal matters, and you may not know where to begin. Most people vaguely understand that they need evidence to prove medical malpractice – but what kind of evidence should you gather? While you can start gathering certain evidence immediately, a consultation with an experienced Baltimore medical malpractice lawyer may prove to be more productive.

Document Everything 

If you’re reading this article while waiting in an ER waiting room, you might want to start documenting your experiences right now. Fortunately, smartphones make this process exceedingly easy. Consider filming yourself next to a clock and explaining how long you have been waiting. As the hours pass, continue filming short video journal entries. Highlight the lack of progress you have experienced. You might also want to detail your worsening health issues and psychological challenges.

If possible, ask the hospital staff for documentation that shows when you arrived at the hospital. While staff might not always be willing to provide these documents, some might be sympathetic to your struggles. You might also film hospital staff explaining when you arrived and how long you have been waiting – as long as you get their permission.

The Power of Discovery 

Even if staff refuse to provide you with “time-stamped” documents while you’re waiting in the ER, you could obtain these documents after filing a lawsuit. When you decide to take legal action, the “rules of discovery” apply. This means you can request specific documents from the healthcare provider as you prepare for your lawsuit. As long as the documents are relevant to your lawsuit, the healthcare provider cannot keep these documents from you.

For example, you might demand access to computer records that show exactly when you arrived at the ER. These records might also show the length of time that passed before you saw a doctor.

Lawsuits may also trigger an independent review by third parties. These investigative bodies could question nurses, doctors, and anyone else who was involved in your care. These individuals may admit that your condition worsened because you were forced to wait.

With that all said, each case is slightly different – and you might require unique evidence that only applies to your specific situation. The most optimal way to discuss these unique factors is alongside an experienced medical malpractice lawyer in Maryland.

Find an Experienced Medical Malpractice Lawyer in Owings Mills 

If you’re considering an ER waiting room delay lawsuit in Owings Mills, speak with Furman Honick Law. We have considerable experience with medical malpractice lawsuits, and we can help you get the justice you deserve. More importantly, we can help you gather the necessary evidence to prove your damages. Contact us today and speak with a partner for a free case evaluation.

Sources: 

columbia.edu/~jd2736/publication/DelaySynch.pdf

ncbi.nlm.nih.gov/pmc/articles/PMC9914164/