Marasco&Nesselbush personal injury lawyers


Emergency rooms are hectic, fast-moving places. Doctors, nurses, and other healthcare professionals who work in emergency rooms are often pushed to work long hours while short-staffed. Sometimes this contributes to sub-par medical care or even mistakes that result in life-altering injuries..

If you or a loved one has been injured while in a Rhode Island emergency room, you may be able to be compensated for your injuries. Whether you were misdiagnosed, didn’t receive the proper tests for your symptoms, or were left alone while your condition worsened, you may have suffered physical or emotional damages. If so, you may be able to file a medical malpractice or medical negligence case against the emergency room where you were attended.

Marasco & Nesselbush, LLP, is one of the top medical malpractice law firms in Rhode Island. We get results for our clients in emergency room cases because we know how to prove that harm has occurred and how to hold people and institutions accountable. Reach us at (401) 443-2999 to schedule a free legal consultation on your ER negligence case.

Common Mistakes and Injuries in Emergency Rooms

Individuals treated in the emergency room are often already facing potentially life-threatening situations, and they need help immediately. The work environment in the ER is anything but easy-going.

The emergency room is an extremely high-stress environment for the doctors, nurses, and other medical professionals who work there. Studies show that nearly half of all medical malpractice or negligence injury cases are caused by a mistake made in the emergency room.

Some of the most common emergency room errors include:

  • Misdiagnosis
  • Failure to order the correct tests
  • Delaying treatment
  • Neglecting to check on the patient
  • Anesthesia or emergency surgery errors


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Diagnostic errors can lead to delayed treatments, incorrect treatments, or even lack of treatment, all of which can cause serious harm to a patient. If you or your loved one were misdiagnosed in a busy ER, resulting in harm, you may be able to receive compensation for your pain and suffering.

Another all-too-common occurrence in an emergency room is when the staff fails to communicate with the patient or their family. They may fail to tell you the results of tests, that they have given you medication that you’re allergic to, or that they don’t believe your symptoms are very serious. This communication barrier can also contribute to the patient’s injury, all because of a distracted or uncooperative medical professional.


In Emergency rooms, medical errors often occur due to the following reasons:

  • Chronic understaffing
  • Employees lacking experience or training
  • Overcrowding
  • Lacking the proper equipment and resources
  • Shortage of hospital beds
  • Stressed or fatigued staff
  • Failing to follow protocol
  • Failing to obtain the patients’ accurate medical history

If your emergency room injury was caused by one of the above factors, you may have a medical negligence case.

The financial worth of your case will depend on numerous factors. However, you may be able to seek compensation for: the medical bills you incurred after your injury, your lost income, disability benefits, pain and suffering, and (in some cases) permanent injury or disfigurement.

It all depends on the specifics of your case. The best way to learn whether or not you have a case is to speak to a qualified Rhode Island personal injury attorney.


In medical negligence cases, it is necessary to show that the medical professional failed to deliver the appropriate standard of care in his or her treatment of you or your loved one. If the medical staff failed to diagnose an illness that led to complications, you must show that – had they behaved more competently and found the correct diagnosis sooner – the outcome would have been different.

Each medical professional’s conduct may be compared to other prudent medical providers to determine whether the individual in question provided the same level of care. If not, you may have a strong case of negligence.

Emergency room cases are the same as all other medical negligence cases where you must provide expert medical testimony to support your claim. Marasco & Nesselbush has a team of experienced Rhode Island attorneys alongside a network of medical experts so we can meet our clients’ needs.


In Rhode Island, an innocent bystander to an accident who tries to provide emergency medical help cannot generally be held accountable for the health consequences resulting from his or her actions, as long as the person was genuinely trying to help. This is known as a “Good Samaritan” law. However, this law does not apply to medical workers.

On the other hand, standard malpractice laws apply to all emergency room medical personnels, including ambulance workers, emergency medical technicians, nurses, and doctors. The hospital can also be held responsible for the mistakes of its staff. From the moment the patient walks through the door or otherwise comes under the care of a medical professional, that patient is entitled to receive the high standard of care required of each and every interaction with the medical staff.

If you or your loved one suffered at the hands of a medical personnel in an emergency room, you need someone on your side who can tell you what the law states and explain how it applies in your situation. The Rhode Island personal injury attorneys at Marasco & Nesselbush can do that for you. What’s more, we offer a free consultation to every client, so we can help you decide what your next steps should be.


We have helped other Rhode Island clients just like you to move on from their medical malpractice injuries. Let us help you, too. Please fill out a contact form or call us at 401-429-6076 for more information or a free legal consultation about your Rhode Island emergency room medical malpractice case.