
By Hendrickson Law | Medical Malpractice Attorneys for Emergency Room Errors
When you go to the emergency room with a fever, chills, pain, or trouble breathing, you expect a quick and accurate diagnosis—especially if you have an infection. But all too often, ER doctors downplay or miss the warning signs of serious infections until it’s too late.
At Hendrickson Law, we’ve represented patients and grieving families after devastating losses caused by misdiagnosed or delayed infections in the ER. These cases are often tragic—but preventable.
Here’s what you need to know about how infection-related malpractice happens, which signs are often ignored, and what to do if you or someone you love was harmed by a missed diagnosis.
Infections can turn deadly within hours. Whether it's bacterial, viral, or fungal, a spreading infection that goes untreated can lead to:
Sepsis
Organ failure
Limb loss
Death
The ER is often the first—and sometimes only—opportunity to catch the problem early. When doctors miss that window, the consequences can be catastrophic.
A life-threatening immune response to infection, often misread as flu, dehydration, or anxiety.
Symptoms: High or low body temp, rapid heart rate, confusion, extreme weakness.
Malpractice risk: Failure to order a sepsis panel, lactate level, or administer early IV antibiotics.
Sometimes mistaken for asthma, bronchitis, or heart failure.
Symptoms: Cough, fever, shortness of breath, chest pain.
Malpractice risk: Discharging a patient with “bronchitis” without a chest X-ray or labs.
Often overlooked in children, teens, or college students.
Symptoms: Headache, neck stiffness, fever, confusion, rash.
Malpractice risk: Failure to order a lumbar puncture or delay in starting antibiotics.
Rare but deadly. Time-sensitive surgical emergency.
Symptoms: Severe localized pain, skin changes, fever, swelling.
Malpractice risk: Dismissing early signs as a “muscle strain” or “cellulitis.”
Common in elderly or diabetic patients, especially in nursing home transfers.
Symptoms: Confusion, fever, back pain, urinary issues.
Malpractice risk: ER providers may overlook subtle signs or dismiss symptoms as age-related confusion.
Emergency rooms are chaotic. Doctors work fast. But that doesn’t excuse failing to meet the standard of care. The most common causes of missed infection diagnoses include:
Anchoring bias – Assuming a benign cause without considering more serious possibilities.
Failure to order labs or imaging – No bloodwork, no chest X-ray, no cultures = no chance to diagnose properly.
Overreliance on vital signs – A patient may have a normal temperature but still be septic.
Premature discharge – Sending patients home without watching how symptoms evolve.
Infections don't always scream. Sometimes, they whisper. It’s the ER physician’s job to listen carefully—and act fast.
ER doctors must:
Take a full history (including diabetes, cancer, or immune suppression)
Perform a complete exam
Order labs (CBC, lactate, cultures) and imaging when appropriate
Start antibiotics quickly when infection is suspected
Monitor and admit unstable patients
When they don’t, and the patient suffers severe harm or dies, it may be malpractice.
If you or a loved one:
Was discharged from the ER and then rapidly deteriorated,
Was not diagnosed with infection until it was too late,
Was never given appropriate antibiotics or testing,
…you may have a case. Here’s what to do:
Request all ER records immediately
Document the timeline of symptoms and treatment
Get a second medical opinion
Contact a malpractice attorney who understands ER negligence
We’ve litigated these cases for years. We know how ER doctors document to protect themselves—and how to uncover what really happened through audit trails, timelines, and expert review.
We’ve handled cases involving:
Missed sepsis in adults and children
Missed tick borne infections
Misdiagnosed pneumonia in elderly patients
Unrecognized necrotizing infections
We don’t just file lawsuits. We hold hospitals accountable—and give families answers.
Call Hendrickson Law at (314) 721-8833 or visit www.hendricksonlaw.com for a free consultation.
Infection can spread fast. Justice shouldn’t have to.
© 2025 Todd N. Hendrickson P.C.|Legal Disclaimer|Privacy Policy