Can Delays In Treatment Be Grounds For a Lawsuit?

By Kevin Davidson  Aug. 5, 2014 2:32p

Medical malpractice may arise from not receiving appropriate care from health care professionals or doctors. However, in order for a claim to be valid there are a few things that should be considered.

Was Negligence the Reason For the Delay?

The first thing to prove is that the delay in providing appropriate care can be considered negligence on the part of the doctor. Medical malpractice lawsuits are based on whether the treatment provided is inferior when compared to the same treatment provided by a proficient and experienced medical professional or not.

It will be necessary to obtain a statement from a medical professional to prove medical negligence. The statement should determine the suitable treatment that should have been performed under similar circumstances. It should also show that the acceptable standards in providing treatment were not met.

For instance, emergency situations may require intubation of patients to clear obstructions from the airway of the patient. A number of well-accepted benchmarks for care exist when it comes to patient intubation during emergency situations, which can save lives.

If the intubation was not done in a timely manner, it may result to brain damage or death. Any delays in providing medical treatment can be treated as medical negligence under certain situations. Negligence may be ascertained if a healthcare professional states that intubation would have done earlier by a sensible doctor.

Was The Patient Harmed Due To The Delay?

Another major part of the case is being able to establish damages due to medical malpractice. Establishing that the doctor did not provide treatment or diagnosis in a timely manner is not enough to file a case against a doctor unless it harmed the patient. It should be proven that a delay in treatment lead to the harm of a patient. A statement from an expert medical professional will help establish this.

A patient may be harmed due to a number of ways arising from the delay in providing treatment. The condition of the patient may worsen and prevent any other treatment. It could also reduce the level of success for a different method of treatment or needlessly extend or increase the distress and pain of the patient.

For instance, the successful treatment of cancer will depend on a well-timed diagnosis. The number of available options for treatment increases if cancer is diagnosed earlier. However, diagnosing cancer is complicated since it requires physical exams, looking at the family history of the patient, and evaluation by medical professionals.

When a medical expert states that the doctor did not use all opportunities in diagnosing cancer, it should be demonstrated using a set of complicated medical evidence indicating additional distress for the patient. It will be essential to show that the delayed diagnosis resulted to added suffering for a medical malpractice lawsuit to be filed. The added suffering may include death due to cancer that could have been treated or additional treatment and distress could have been prevented.

Preserving One's Rights

It is not easy to prove medical malpractice since the law indicates that negligence can occur when the doctor failed to provide certain treatments in a particular time period. If you or a loved one have suffered harm due to a delay in medical treatment, contact the Zevan and Davidson Law Firm at (314) 588-7200 and schedule a free and private consultation.