What Counts as Emergency Room Malpractice in Maryland?

 Posted on August 15, 2025 in Medical Malpractice

Patients visit the emergency room expecting quick, accurate, and potentially life-saving care. When medical professionals make critical mistakes, the results can be devastating. An Annapolis, MD medical malpractice attorney can help determine whether those mistakes amount to emergency room malpractice and guide you through the process of seeking compensation for your injuries.

Common Examples of Malpractice in the Emergency Room

Mistakes in emergency rooms can happen for many reasons, often due to the fast-paced nature of the environment. Common examples from emergency care that can lead to a malpractice suit include:

• Misdiagnosis or delayed diagnosis: Failing to identify a heart attack, stroke, or internal bleeding in time can have fatal consequences.

• Medication errors: Administering the wrong drug or dosage can cause severe reactions or worsen a patient’s condition.

• Failure to order necessary tests: Skipping imaging or lab work may lead to a missed diagnosis.

• Improper discharge: Releasing a patient too soon without stabilizing them can lead to complications after discharge from the hospital.

• Surgical or procedural errors: Mistakes during emergency surgery or treatment can lead to infection, organ damage, or wrongful death.

Under Md. Code, Courts and Judicial Proceedings § 3-2A-02, malpractice claims require proof that the healthcare provider breached their duty of care, and that breach caused measurable harm. If you have evidence to support those claims, you can file a medical malpractice claim or lawsuit to recover your losses. However, keep in mind that, under § 5-109, you only have five years from the date of the injury or three years from its discovery to file, whichever is earlier.

Who Is Responsible for Damages From Emergency Room Malpractice in Maryland?

Responsibility for malpractice in an emergency room can extend beyond the doctor who provided direct treatment. Hospitals, nurses, physician assistants, and other medical professionals may share liability. In some cases, the hospital may be held responsible under the legal doctrine of respondeat superior, meaning an employer is accountable for the negligence of its employees when they are acting within the scope of their duties. Maryland law also allows for claims against independent contractors if they were the primary cause of harm. 

Recoverable Damages From a Medical Malpractice Case in Maryland

Patients harmed by emergency room malpractice may be entitled to compensation for:

• Medical expenses, including future care needs

• Lost wages and reduced earning capacity

• Pain, suffering, and emotional distress

• Loss of enjoyment of life

• Funeral and burial costs in wrongful death cases

Maryland law places limits on non-economic damages, like pain and suffering, in malpractice claims under Md. Code, Courts and Judicial Proceedings § 3-2A-09, with the cap increasing slightly each year. As of early 2025, the cap is $905,000 for injuries and $1,131,250 for wrongful death cases with two or more surviving family members. Economic damages, such as medical bills and lost income, are not capped.

Contact an Annapolis, MD Medical Malpractice Attorney

If you or a loved one has suffered harm due to an emergency room error, I can help. As the Anne Arundel County, MD medical malpractice lawyer at Serafini Law, I am always available to take your call, and I handle cases on a contingency fee basis, so you pay nothing unless I recover compensation for you. I grew up in Hagerstown and have been practicing personal injury law for over a decade while remaining active in the local community. I take pride in being supportive with clients while aggressively pursuing justice against insurance companies and negligent defendants. Call 240-744-1600 today to schedule your free consultation, and we can talk about how to get you the compensation you need.