Emergency Room Errors and Mistakes in Illinois

Cook County Hospital & Delays in Treatment

Cook County Hospital (also known as John Stroger Hospital) has one of the largest and busiest emergency rooms (ER) in Illinois, with a projected annual ER capacity of 124,000 patients per year. Despite opening a new facility in December 2002 to help with the large volume of ER patients, the Cook County hospital continues to experience crowding and a limited number of beds to accommodate all of the patients who require overnight stays. It is not uncommon for patients to line the hallways of the Cook County ER, waiting to see a doctor. It is estimated that 40% of the Cook County hospital's emergency room patients wait up to 6 hours or more to be seen by an attending physician.

At many hospitals, triage nurses and hospital staff are responsible for prioritizing the patients and determining who needs to be evaluated first by the ER doctor. Unfortunately, sometimes the seriousness of a patient's condition may not be recognized and mistakes can be made. A delay in treatment can worsen a patient's condition, and in the worst case scenario, result in death.

Types of Emergency Room Errors

When the following conditions exist anywhere - overcrowding, lack of beds and overworked and undertrained staff - emergency room errorscan occur. Two of the most common types of ER mistakes are failure to diagnose and failure to treat.

• Failure to diagnose: when the physician or doctor incorrectly diagnoses a condition, illness or disease, or fails to diagnose the correct condition, illness or disease. This can happen when the physician fails to order the correct medical tests or incorrectly interprets the results of those tests.

• Failure to treat: when the physician or doctor makes a correct diagnosis of the patient's condition, but fails to provide proper medical treatment for the condition, illness or disease.

Medication or drug errors are another type of emergency room mistake that may occur when the physician prescribes the wrong type of medicationfor the patient's condition, the pharmacist gives the patient the wrong drug or an incorrect dosage or a nurse administers the wrong type or dosage of the medication.

Consultations and Surgeries

Another common error happens when emergency room doctors fail to request a consult from a specialist, such as a heart surgeon, cardiologist, neurosurgeon, pediatrician, immunologist, psychiatrist, infectious disease doctor or neonatologist. Sometimes mistakes happen when surgical procedures are done in the ER instead of being performed in a fully equipped, scheduled and staffed operating room.

The result of these mistakes may be minor. But this is not always the case. Emergency room errors can have lasting effects. In some situations, the delays and errors in treatment can result in paralysis, heart attack, strokes, amputations, death and other injuries - injuries that could have been avoided had the patient received proper medical care.

Some of the conditions that can be misdiagnosed or improperly treated in the ER include:

• Heart attacks • Traumatic brain injuries • Strokes • Burns • Meningitis • Appendicitis • Spinal cord injuries • Preterm labor • Encephalitis • Preeclampsia • Subdural hematomas or bleeding in the brain • Cancer

Medical Malpractice Cases

Failure to diagnose and failure to treat are two types of medical malpractice cases. Patients who have been the victims of these types, or other emergency room errors or mistakes, may be able to file a medical malpractice claim against the responsible parties. In order to successfully file a medical malpractice claim against the physician, the patient must be able to prove that the doctor violated the acceptable standard of care and as a result, the patient was injured. If the patient died as a result of the physician's malpractice, the family may be able to bring a wrongful death suit against the physician and/or the hospital where the error occurred.

Immunity for Cook County Hospital

Cook County Hospitalcurrently has immunity for medical malpractice cases based on failure to diagnose. The Illinois Local Governmental and Governmental Employees Tort Immunity Act §6-105 and 6-106 protects both the hospital and its employees from legal liability stemming from any claims of failure to diagnose. This can mean that patients who have been harmed or even died because a doctor at Cook County failed to properly diagnose their illness, disease or other condition cannot sue the hospital or the ER doctor based on a failure to diagnose claim. Patients, however, may still bring actions against the county hospital and its employees for improper or wrong treatment.

Patients who visit other Chicago-area private hospitals, such as South Suburban Hospital, Rush-Presbyterian/St. Luke's Hospital, Evanston Hospital, St. Francis Hospital, Michael Reese Hospital or Ingalls Hospital, can file medical malpractice claims based on failure to diagnose.

If you believe your injury is the result of medical treatment in a Chicago-area emergency room, it is important to consult with an attorney. A lawyer knowledgeable of medical malpractice matters can review your situation, help you determine whether or not you have a claim and assist you in pursuing a resolution that may be in your best interests based on your circumstances.