What if the ER doctor says the misdiagnosis was an “unforeseeable” complication?

What if the ER doctor says the misdiagnosis was an “unforeseeable” complication?

The defense in ER negligence cases routinely argues that the misdiagnosis was reasonable under the circumstances or that the outcome was unforeseeable. This is precisely why the expert affidavit and expert testimony at trial are so critical. Our firm works with board-certified emergency physicians and specialists who review the full medical record and testify authoritatively that the standard of care required a different course of action. An outcome being tragic does not make it unforeseeable — and it certainly does not make it acceptable.