Trial-Ready Emergency Room Negligence Law Firm in Florida
Freedland Harwin Valori Gander represents patients and families throughout Florida who were harmed by emergency room negligence. We know how to investigate these cases, identify where the standard of care was breached, and hold hospitals and emergency physicians accountable for the harm they caused.
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- June 29, 2026
Table of Contents
- Can You Sue for Medical Malpractice at an Emergency Room in Florida?
- What Should You Do if You Experienced Emergency Room Malpractice?
- How An Emergency Room Malpractice Attorney Can Help You
- Who is Liable if Errors Occur in the Emergency Room?
- Examples of ER Malpractice
- Contact an ER Malpractice Attorney for a Free Case Evaluation
What Makes Emergency Room Malpractice Different?
Emergency medicine is a high-pressure specialty. Physicians and nurses are making rapid decisions with incomplete information, often caring for multiple critically ill patients at once. Florida law recognizes this reality the standard of care for emergency medicine accounts for the urgency and uncertainty of the ER environment.
But “high pressure” is not a free pass. Emergency room providers are still held to the standard of what a reasonably competent emergency medicine professional would do under similar circumstances. When a physician fails to order a basic diagnostic test, dismisses a patient’s symptoms without adequate evaluation, or discharges someone who is clearly unstable, that failure can and should be scrutinized.
ER malpractice cases are also complicated by the fact that emergency departments are staffed by a mix of hospital employees and independent contractor physicians. Understanding who bears liability the hospital, the physician group, the individual doctor, or all three is one of the first and most important questions our attorneys address.
Common Types of Emergency Room Malpractice in Florida
Emergency room negligence takes many forms. The cases we most frequently see involve:
- Failure to diagnose a heart attack (myocardial infarction): misreading or dismissing ECG findings, ignoring classic symptoms
- Failure to diagnose stroke: missing the window for tPA (clot-busting medication) or mechanical thrombectomy due to delayed workup or misdiagnosis
- Failure to diagnose pulmonary embolism: a blood clot in the lungs that is frequently misread as anxiety, chest pain, or musculoskeletal discomfort
- Failure to diagnose aortic dissection: a life-threatening tear in the aorta often mistaken for musculoskeletal back pain or a heart attack
- Failure to diagnose sepsis: missing the early signs of a system-wide infection that can progress to organ failure and death within hours
- Failure to diagnose appendicitis or bowel obstruction: delayed diagnosis can result in perforation, peritonitis, and death
- Premature or inappropriate discharge: sending a patient home before they are stable, only to have them return by ambulance hours later in a far more serious condition
- Medication errors: wrong drug, wrong dose, or dangerous drug interactions in the fast-paced ER environment
- Triage failures: failing to prioritize a high-acuity patient appropriately, leading to dangerous delays in evaluation and treatment
- Failure to order appropriate diagnostic tests: skipping imaging, labs, or specialist consultations that would have identified a life-threatening condition
Medical errors cause unimaginable harm. Let FHV Legal help you pursue justice call today for a free case review.
The Role of EMTALA in Emergency Room Cases
Federal law, specifically the Emergency Medical Treatment and Labor Act (EMTALA) requires that any hospital with an emergency department provide a medical screening examination to anyone who presents, regardless of their ability to pay. Hospitals must also stabilize emergency conditions before transferring or discharging a patient.
EMTALA violations can occur alongside or independently of state medical malpractice claims. When a Florida hospital turns away a patient, performs an inadequate screening, or transfers an unstable patient to avoid costly treatment, EMTALA may come into play. Our attorneys evaluate both state and federal avenues when building emergency room negligence cases.
What to Do After Suspected Emergency Room Negligence
If you believe you or a family member received negligent emergency care, here are the steps we recommend taking:
- Request all ER records immediately, including triage notes, physician notes, nursing assessments, lab results, and imaging reports
- Write down everything you remember what you were told, what tests were run, what symptoms you reported, and how long you waited
- Identify any witnesses family members or friends who were present in the ER
- Do not sign any releases or settlement offers from the hospital or its insurers without legal review
- Contact FHV Legal for a free consultation time matters in these cases, and the sooner we can evaluate your records, the better
Florida's Statute of Limitations for Emergency Room Malpractice
In Florida, the statute of limitations for medical malpractice including emergency room negligence is generally two years from the date the injury was discovered or should have been discovered, with an absolute limit of four years in most cases. There are narrow exceptions involving fraud or concealment, but these require specific legal arguments.
Florida also requires a pre-suit investigation process before a malpractice lawsuit can be filed. This includes a 90-day investigation period and written notice to the defendants. Because this process takes time, it is important not to wait until you’re close to the deadline before consulting an attorney.
Contact an ER Malpractice Attorney for a Free Case Evaluation
If you or a loved one are a victim of medical malpractice, don’t wait to get your free case evaluation with FHVG. The statute of limitations is already ticking away, and you have limited time to pursue your case.
Our experienced legal team is passionate about compassionate representation and securing justice for your damaging emergency room experience. We want to help you get the compensation you deserve.
We have recovered over $2.6 billion for our deserving clients. Get started on your case today with a free consultation. Our legal team would be happy to provide a consultation over the phone or in person at our Fort Lauderdale office.
Frequently Asked Questions About Emergency Room Malpractice
What if I signed a consent form before being treated does that waive my rights?
No. Consent forms acknowledge the inherent risks of treatment; they do not give a provider permission to be negligent. Signing a general consent form before receiving emergency care does not waive your right to bring a malpractice claim if the care you received fell below the standard. Do not let a hospital or insurer use a consent form to discourage you from pursuing justice.
The ER was crowded and understaffed does that affect my case?
Hospital overcrowding and understaffing are significant systemic problems and they are also potential evidence of institutional negligence. A hospital that consistently operates beyond safe capacity, or that fails to ensure adequate physician-to-patient ratios, may be liable for patient harm that results. Systemic failures like these can support not only individual malpractice claims but broader arguments about institutional negligence.
What if my family member died in the ER can we still file a claim?
Yes. When a patient dies as a result of emergency room negligence, surviving family members may bring a wrongful death claim under Florida’s Wrongful Death Act. Eligible survivors may include spouses, children, and parents. Recoverable damages can include medical expenses, funeral costs, lost financial support, and compensation for the survivors’ pain and suffering. These cases are handled by our attorneys with the same rigor and compassion as any other birth injury or malpractice matter.
How long does an ER malpractice case take to resolve?
It varies considerably. Florida’s mandatory pre-suit process adds several months to the timeline before a lawsuit can even be filed. Once litigation begins, cases can take one to three years to reach resolution, depending on the complexity of the medical issues, the responsiveness of the defense, and whether the case settles or goes to trial. Our attorneys keep you informed at every stage and work efficiently without ever sacrificing thoroughness.
Is the hospital or the doctor responsible for ER malpractice?
Often both. Emergency room physicians are sometimes employees of the hospital and sometimes independent contractors staffed through a physician group. If the doctor is a hospital employee, the hospital may be directly liable. If the doctor is an independent contractor, liability analysis becomes more complex but hospitals can still be held accountable for credentialing failures, systemic negligence, and the actions of apparent agents. Our attorneys conduct a complete liability analysis in every case.
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ALL FIELDS REQUIRED
- ANESTHESIA & PACU ERRORS
- BIRTH TRAUMA
- EMERGENCY ROOM MISTAKES
- FAILURE TO DIAGNOSE OR MISDIAGNOSIS – CANCER
- FAILURE OR DELAY IN DIAGNOSIS OF SEPSIS
- FAILURE TO DIAGNOSE AND TREAT GESTATIONAL DIABETES
- FAILURE TO DIAGNOSE BREAST CANCER
- FAILURE TO DIAGNOSE HEART ATTACK
- FAILURE TO DIAGNOSE OR TREAT AORTIC DISSECTION
- FAILURE TO DIAGNOSE PNEUMONIA
- FAILURE TO DIAGNOSE PULMONARY EMBOLISM
- FAILURE TO TREAT STROKE
- HOSPITAL MALPRACTICE
- INTRAVENOUS INFILTRATION
- MEDICATION ERRORS
- MEDICATION OVERDOSE
- MISDIAGNOSIS
- NEGLIGENT FETAL MONITORING
- OB/GYN ERRORS
- PLASTIC SURGERY ERRORS
- PREOPERATIVE CLEARANCE ERROR
- RADIOLOGY ERRORS
- SPINE SURGERY MISTAKES
- STILLBIRTH & MISCARRIAGE MALPRACTICE
- SURGERY CENTER ERRORS
- SURGICAL ERRORS
- TYPES OF MEDICAL MALPRACTICE LAWSUITS
CASE RESULTS
TESTIMONIALS
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