Emergency Departments in the U.S. are grossly overcrowded. Given reduced access to Medicare and Medicaid, sick people are turning to ERs (called Eds by medical professionals) in record numbers. According to the Atlantic magazine, though ERs have doubled or even tripled in size in the last decade, “patients are piling up.” This has led to “patient boarding” in the ER, meaning that patients are kept in the ER for lengthy stays without admission to the hospital floor. Based on available information, boarding for more than 24 hours has increased dramatically for people 65 and older. In November 2025, the Centers for Medicare and Medicaid Services (CMS) decided to study the problem by requiring hospitals to collect data on ER boarding times, starting in 2026. A Mansfield, OH medical malpractice lawyer can help patients and families understand their rights when delayed care or overcrowding leads to serious harm or preventable complications.
In 1986, Congress passed the Emergency Medical Treatment and Active Labor Act (EMTALA). EMTALA, the so-called “anti-dumping” statute, prevented hospitals from turning away patients with acute, life-threatening medical conditions. With greater numbers of patients being admitted to the ER and housed there, ER staff are stretched beyond their capacity. Further, as hospitals cut staff to save money and increase profits, more and more patients are falling through the cracks. Intentional under-staffing is exacerbated as over-worked nurses are leaving the profession. Studies show that about half of the RNs in the U.S. have left the profession due to poor working conditions. Hospitals argue that there is a nursing shortage. But the shortage was created by the hospitals themselves as they subject nurses to an impossible work environment.
The dangers posed to patients are numerous. Not only are there delays in diagnosis and delayed treatment in the ER, but violence in hospitals has increased as frustrated patients and families vie for care for their loved ones. Services for mentally ill patients are also being cut as we spend money on wars and tax cuts for billionaires. So, more mentally ill patients seek treatment through the ED, posing risks to staff and patients alike. According to a report by the Biden Administration: “Emergency department boarding is a public health crisis in the United States. *** Patients who are sick enough to require inpatient care can wait in the ED for hours, days, or even weeks. *** Boarding contributes to increased mortality, medical errors, prolonged hospital stays, and greater dissatisfaction with care.”
A physician once told me that there are few true emergencies that require immediate attention. These include labor and delivery, heart attacks, pulmonary embolisms (blood clots in the lungs) and strokes. Other medical conditions are less time-sensitive. When ERs are stretched thin, physicians and nurses are not as available to timely address these life threatening conditions.
In Ohio, medical malpractice occurs when care falls below accepted standards of care and that results in otherwise avoidable harm, like permanent disability or wrongful death. The lawyers and staff at Mishkind Kulwicki Law Co., L.P.A. are familiar with ER medicine and the root causes of mistakes in the ER. We are here to assist in investigating when diagnosis or treatment is delayed.
