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Emergency Room Malpractice

Emergency rooms, by virtue of being designed for emergencies, open up more room for error and misdiagnosis. Though it may seem tricky getting a claim to stick in such a turbulent environment, with the help of experienced medical malpractice attorneys your chances of proving negligence and getting financial compensation are greatly improved.

Malpractice in emergency situations can be confusing. The chaos and urgency in emergency rooms blurs the lines of who can — and should — be held responsible for malpractice. This is one of the few occasions where doctors, nurses, medical staff, and the hospital itself can be held liable.

The long hours and stressful situations endured by emergency medical staff and physicians are no excuse for any injuries sustained by you or a loved one due to their carelessness. Patients frequently enter emergency rooms for life-threatening injuries or sicknesses, and adding to this suffering by introducing another problem is unacceptable.


Common injuries include hemorrhaging, organ damage, and infection as a result of mistreatment, misdiagnosis, failure to treat, failure to monitor patient, medication errors, surgical errors, or anesthesia mistakes.

These errors, when combined with and already dire emergency situation, can prove fatal. They can increase recovery time, add to your medical bills, create complications to an existing injury or illness, or even be the direct cause of an entirely separate problem, a potentially life-threatening one.


In Georgia, state law sets the statute of limitations at two years, meaning your claim must be filed within two years of the date of injury or death. Adhering to this timeline is important. Once those two years are up, you can no longer file charges against the doctor or emergency room that treated you, no matter how grievous the damage.

Though many states have laws in place protecting first responders from most lawsuits, and though the Good Samaritan Law is in effect in all 50 states, it only protects off-duty doctors and does not extend into emergency rooms. This means that emergency room doctors and other employees are just as liable for their mistakes as a regular doctor.

Contact Moraitakis & Kushel, LLP

If you wish to pursue emergency room medical malpractice litigation, contact Moraitakis & Kushel, LLPat 404-261-0016, or fill out our online contact form.

Your initial consultation is free and, if we accept your case, there are no attorney’s fees unless we collect compensation for you.

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Office Location
  • Atlanta Office
    5555 Glenridge Connector NE
    Suite 550
    Atlanta, Georgia 30342
    Phone: 404-261-0016
    Fax: 404-261-0024
Client Testimonials
  • "I first met Nick Moraitakis under the worst possible circumstances. The sudden, tragic death of my husband left me alone with a young child. Needless to say, I was in shock and emotionally paralyzed, with nothing more than unanswered questions. At a loss and nowhere to turn, a family friend recommended I contact Nick. Little did I know the impact he would have on my life. From the moment we met, I knew he was someone I could trust. At a time when I was vulnerable and scared, trust was something that was hard to come by. He immediately went to work on my case, which was a great feeling because it gave me hope. He has walked me through the entire process, answered even the most trivial of questions, and perhaps most importantly, listened to me. He has always made himself available when I have needed him and I honestly feel that my case is important and a top priority. Words cannot begin to express how invaluable Nick has been through the most difficult time in my life. Nick has gone above and beyond the call of duty for me, and for that, I am forever grateful. I have been completely devastated by my husband’s death, but now that our financial future is more secure, I can focus on what is most important: raising my daughter the way my husband and I always wanted."  -Catherine G., Atlanta, GA

  • "We were very blessed to have Glenn representing us at a very difficult time in our lives. Due to medical negligence, our son was left brain damaged and severely incapacitated. Glenn was always available to us when we needed him and he took our concerns and needs seriously. We were treated as friends not just as clients and if Glenn didn’t have an answer for us when we asked, he would tell us “I don’t have an answer for you right now, but I will find out and get back to you” and he always did. Thanks to Glenn and his assistant Konnie, we were represented with legal counsel that exceeded our expectations."  -Allen and Catherine D., Atlanta, GA

  • "The best decision you can make. If you are reading this testimonial and wondering about Nick Moraitakis: Is he a good attorney? Can he help me? Does he understand what I am going through? Will he give me the attention and time I seek? Does he know his way through the Law, in the Courts and with the Judges? Will he understand how important this case is to me? Is he honest? Does he have great integrity? … Does his staff reflect his values and professionalism? My answer YES and YES!!!! Nick Moraitakis represented me in a challenging case and at a difficult time in my life. Having him as my attorney was the best thing that could happen to me- He had my best interest in mind, he worked with me as if I was his only client and was with me all the way through!"  -Simona E., Atlanta, GA

  • "I nearly died on an operating room table and had many complications. I was referred by another law firm to Glenn Kushel. I do not regret my decision to have them represent me in this matter. They were great! They came to me, as I was unable to travel. They listened and really cared about you as a person. They always returned my calls the same day. Their legal assistant Konnie Tate is the best. Glenn and his staff got me all the compensation I was entitled to. They worked hard to make sure I could get back on my feet and take care of my children. Thank you Glenn, Konnie & staff for all your hard work."  -Rhonda H., Atlanta, GA