In the fast-paced environment of an emergency room or urgent care clinic, triage is often the first and most critical point of medical decision-making. When those decisions are wrong, the consequences can be devastating. Triage errors, like misjudging the urgency of a patient’s condition, downgrading symptoms, or failing to act on obvious signs of distress, can turn a manageable medical issue into a catastrophic one. These are not just procedural mishaps; they are potentially life-threatening failures in judgment, and in many instances, constitute medical malpractice. If you or a loved one were harmed by triage errors, it is important to know your rights, and you should speak to an attorney. At Arfaa Law Group, our experienced Baltimore medical malpractice attorneys are skilled at proving liability for triage errors, and if you hire us, we will zealously pursue justice on your behalf.
Triage is the process of evaluating patients based on the urgency of their condition and determining the order and type of medical attention they receive. It requires swift clinical judgment, adherence to established protocols, and effective communication among healthcare staff. Triage errors occur when a provider misjudges the severity of a patient’s symptoms, fails to recognize red flags, or assigns a patient to the wrong level of care. These errors may involve failing to identify a heart attack in progress, misclassifying a stroke as a minor neurological complaint, or assuming that visible distress is less important than more dramatic symptoms in other patients. The consequences of triage errors can be catastrophic. A patient who is wrongly placed in a low-acuity category may wait hours for treatment while their condition deteriorates. Others may be discharged prematurely or routed to an inappropriate department altogether.
In Maryland, such errors are particularly dangerous given the high patient volumes and resource limitations common to the state’s urban hospitals. When triage decisions delay critical interventions, such as imaging for a suspected brain bleed, antibiotics for sepsis, or surgery for internal trauma, patients can suffer permanent disabilities or even death.
Unlike some other forms of medical malpractice, proving liability for triage errors often requires analyzing institutional systems and communication breakdowns in addition to individual mistakes. Generally, however, proving liability for triage errors requires a plaintiff to establish the defendant’s negligence. To do so, the plaintiff must first show that the defendant owed them a duty.
The duty of care in triage is rooted in the provider-patient relationship that forms the moment a person seeks treatment at a healthcare facility. Nurses, physicians, and other licensed personnel tasked with triage have a legal obligation to assess patients with reasonable skill and according to accepted clinical standards.
Next, the plaintiff has to prove that the defendant breached the duty owed. A breach of duty occurs when a provider exercises clinical judgment that falls below the standards of similarly trained professionals. For example, if a nurse fails to ask follow-up questions about chest pain or disregards vital signs indicating hypotension, this may constitute a breach.
Lastly, the plaintiff must establish causation and damages. Proving causation in triage cases can be complex, especially when the ultimate injury results from a progression of medical events. Plaintiffs must demonstrate that the delay or misclassification in triage directly led to the injury or worsened the outcome. This often involves showing that earlier recognition or prioritization would have changed the clinical trajectory. In most cases, the plaintiff will need to retain experts not only to testify about clinical decisions but also about hospital workflow, staffing patterns, and whether the triage process was appropriately designed and supervised.
Damages available to plaintiffs in triage error cases include compensation for medical expenses, rehabilitation, lost wages, and future earning capacity, as well as for noneconomic harms like pain, suffering, and loss of quality of life.
If you or someone you love suffered harm because of a triage error, it’s essential to understand your rights and explore your legal options. At Arfaa Law Group, our experienced Baltimore medical malpractice attorneys possess a deep understanding of Maryland malpractice law and, if we represent you, will employ our skills and resources to help you hold the negligent providers accountable for the harm they’ve caused. Our office is based in Baltimore, and we represent clients throughout the city and across the state of Maryland. To schedule a free and confidential consultation, contact us at 410-889-1850 or reach out online.
