Emergency Room Errors

Charleston, IL Emergency Room Error Attorneys

An over 20-Year History Fighting for Patients Harmed by ER Malpractice

We go to the emergency room (ER) in a complicated state of mind. In addition to being injured or ill, we are scared and confused. Most importantly, we are dependent. When we walk in that door, we put our own experiences and everyday knowledge aside and we trust in the experience and knowledge of the physicians and healthcare professionals to take care of us or our loved one.

Of course, most of the time, the medical personnel at emergency rooms do everything in a timely and proper manner. Sometimes, despite the very best medical care, death is unavoidable. Sometimes, the medical professionals fail us. When this happens, the results can be devastating.

If you received substandard care at an emergency room, The Tapella & Eberspacher Law Firm is standing by to offer experienced guidance. Our Charleston, IL emergency room malpractice lawyers understand what signs to look for in errors or mistakes by emergency room personnel. We expose such errors to help our clients recover maximum compensation for their injuries, working toward a better quality of life.

Contact our Charleston, IL or St. Louis, MO offices today for a free review of your claim. We have recovered millions in verdicts and settlements for our clients.

Procedures & Regulations Are Meant to Prevent ER Errors

The emergency room at a hospital is a stressful place not only for the physicians and medical personnel but also the patients. It is a very fast-paced environment that requires a sharp mind, the ability to multi-task, speed, and proper training. There are regulations in place to protect the injured and the ill. Hospital physicians, nurses, and other medical personnel are charged with following a certain emergency room protocol to ensure that mistakes are avoided. They have a duty to treat medical emergencies in a certain way and when they fail to do so, they may be held liable.

While each hospital implements its own individual goals and standards, there are some federal and statewide mandates as well. A hospital is required to evaluate and treat time-sensitive matters, such as potential heart attacks and strokes, within a certain time frame. If a patient presents to the ER with symptoms of such emergencies, that patient is to be given priority. Also, hospitals are not permitted to turn down patients without health insurance if they are experiencing a medical emergency. For example, if a pregnant woman arrives at the ER in labor, but she does not carry health insurance, the hospital must treat her.

Even with such regulations in place, we still see medical mistakes.

Reasons Mistakes Occur

Many times, these mistakes are made simply because the hospital isn't ready for the patient for one or more of the following reasons:

  • Failure to have a proper number of doctors and nurses working per shift
  • Poor record-keeping
  • Lack of communication between the hospital staff and treating physicians/doctors
  • Unsanitary working conditions
  • Failure to employ competent doctors and staff
  • Overworked or overtired staff
  • Inadequate training
  • Inadequate facility to treat common conditions

Emergency room medical errors can cause varying degrees of harm. The error may lead to a misdiagnosis, a missed diagnosis, ongoing harm, lack of treatment, unnecessary treatment, and even death. When medical personnel fail to properly treat a patient, the harm can be evident immediately or may not be known until after the patient is back at home. The Tapella & Eberspacher Law Firm has handled countless emergency room medical errors cases across Central and Southern Illinois.

Common Types of Medical Errors in Emergency Rooms

There are various types of emergency room errors we see in our practice. These include:

  • Failure to fully evaluate a condition presented
  • Failure to adhere to the diagnosis differential
  • Failure to stabilize before the transfer of patient
  • Failure to treat due to lack of health insurance (Patient dumping)
  • Misdiagnosis
  • Failure to timely treat a medical emergency
  • Medication and prescription error
  • Surgical errors
  • Unsanitary practices
  • Wrongful discharge of a patient
  • Failure to take a complete patient history

We all realize that sometimes there is simply nothing the emergency room doctors can do for us. Sometimes, despite their very best care, we are left with an unfavorable outcome for us or our loved ones. But when a hospital makes an error based upon one of the above examples, it is medical malpractice. Such mistakes are not supposed to happen.

What Is Patient Dumping?

Patient dumping is an unethical and illegal practice. It happens when a patient needs medical attention at an ER, but because he’s unable to pay or doesn’t have insurance, he’s not admitted. In this case, the patient would have to be driven a very far distance to get to a hospital that would admit him—making his condition worse or life-threatening.

Any hospital that receives Medicare funding is not allowed to turn a patient away, no matter if the patient is unable to pay. This is due to the Emergency Medical Treatment and Active Labor Act (EMTALA). There are serious penalties for any hospital that violates the EMTALA.

Contact The Tapella & Eberspacher Law Firm for a Free Consultation!

No healthcare professional or hospital wants to admit fault, but if they have failed to provide standard care to an emergency room patient, they should be held accountable. Our Charleston, IL emergency error lawyers recognize the complexity of these claims and take care to provide tenacious, strategic counsel to expose malpractice and present the true value of our clients’ cases.

Call (217) 394-5885 or fill out our online contact form for your free consultation.


  • Unwavering Dedication

    We will fight for a just outcome on your behalf, and won’t give up in the face of difficult or unexpected challenges.

  • A Record of Proven Results

    Over our hundred years of combined legal experience, we have recovered millions of dollars for injured clients.

  • Respected in Our Community

    When attorneys need an attorney, they call us. Over 200 attorneys routinely refer clients to our capable & qualified team.

  • Compassionate Advocacy

    We genuinely care about the outcome of your case & commit to standing by your side every step of the way. 

  • Committed to Our Clients

    We pride ourselves in going the extra mile to make all of our clients feel comfortable, well-informed, and secure.

  • Clear Communication

    Our attorneys are committed to actively listening to our clients and to setting realistic, justifiable expectations.

Get The Help You Need

If you are interested in learning more about our law firm or want to schedule a free case evaluation, we encourage you to get in touch with our team today.


Millions Recovered For Our Clients
  • Hospital Negligence $5,400,000 Settlement

    Settlement involving the failure of doctors at an east-central Illinois hospital to diagnose and treat a brain abscess.

  • Medical Malpractice $4,000,000 Settlement

    Settlement for a medical malpractice claim in downstate Illinois.

  • Medical Malpractice $2,100,000 Settlement

    Settlement for North Central Illinois medical malpractice case.

  • Negligent Care $1,750,000 Verdict

    Verdict for a case involving negligent podiatric care provided to the manager of a fast food restaurant.

  • Hospital Negligence $1,245,000 Settlement

    Settlement for the failure by emergency room doctors to diagnose occluded carotid arteries and the stroke suffered by the patient as a result.

  • Medical Malpractice $1,000,000 Settlement
  • Hospital Negligence Resulting in Death of a Veteran $975,000 Settlement
  • Medical Negligence $650,000 Settlement
  • Medical Malpractice $375,000 Settlement
  • Medical Malpractice $300,000 Settlement

Hear From Our Clients

The Opinions That Matter Most
  • “I highly recommend Bill Tapella to anyone in need of an honest hardworking attorney that can get the job done and find your closure.”

    - Betty “Jane” B.
  • “When I got hurt, I almost lost everything. Bill Tapella was there for me and helped me put my life together.”

    - Brenda M.
  • “Bill is very hard-working and he has a great team as well. They go above and beyond.”

    - Donna S.


  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.