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Criteria for Winning a Delayed Treatment Lawsuit


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A patient should always obtain effective care on time, as delaying treating an illness can worsen the condition. According to reports by the institute of medicine, most Americans will experience delayed treatment at least once. According to the report, this amounts to about 12 million incidents per year.

“When a health care provider takes too long to treat a patient, the patient may suffer great harm,” says Berkowitz Hanna Malpractice & Injury Lawyers. If you are a victim of delayed treatment or diagnosis, you may be entitled to compensation. It is vital to understand what constitutes a treatment delay and what procedures to take to file a lawsuit effectively.

When to hold Medical Practitioners Accountable For Delayed Treatment

Several situations can necessitate holding medical professionals accountable for delayed medical treatment. Some of them include:

#1. Negligence

Negligence is the cause of delayed medical treatment that leads to a medical malpractice case. Negligence refers to failure to act with the level of caution that a prudent person would have used in the circumstances. This type of behavior frequently involves actions or failures to act.

When a medical professional deviates from the regular practice and guidelines established by the medical facility, this is called negligence. It also includes situations where a professional does not do anything necessary; based on the evidence of an illness or injury. Due to negligence factors, this conduct or omission to act on the responsibility owed to the patient can result in a viable medical malpractice claim.

#2. Deviation From the Guidelines

Doctors, for the most part, follow a set of guidelines. It is because deviating from such guidelines may expose the healthcare practitioner to liability. When a healthcare professional prefers one way or another, it may obstruct the delivery of proper care.

Small details may have an insignificant impact on the patient’s health in this situation. However, if it causes a delay in medical treatment, the patient may be injured or have a worse chance of surviving the illness. Deviations like these hold a healthcare practitioner responsible for negligence.

#3. Devastating Consequences

Some injuries or illnesses necessitate immediate attention. Any delay can result in severe internal harm. In most cases, this might result in claims of negligence or damage against a practitioner, institution, or insurance carrier.

If an insurance company is the cause of the delay, the claim may be subject to carrier liability. The reason is the time delay, which resulted in injury or death. If the judge determines that punitive damages are a component of the claim, the carrier can face punishment in addition to compensatory damages.

How to Win a Delayed Treatment Case

A feasible medical malpractice case might arise when a doctor or other health care practitioner fails to give timely care to a patient. If a delay in treatment causes harm, they may be held accountable for medical malpractice. However, proving your case can be challenging.

To win a lawsuit like this, you must say yes to a few critical questions. It also entails providing solid proof to back up those answers. Thus, to establish that the treatment delay sums up to medical malpractice, the following elements need establishment:

#1. Did the Delay Amount to Negligence?

To start, you must prove that the delay in providing you with care by the health care expert was medical negligence under the situation. Almost every medical malpractice case revolves around whether or not actions or inaction of the health care expert failed or met the medical standard of care. It will serve as a legal standard for judging the health care expert.

Proving medical negligence requires the attestation of a medical expert witness. The medical expert witness will determine what course of treatment would have been suitable in the given circumstances. Then explain how the actions of the healthcare expert failed to meet that requirement.

#2. Did the Patient Suffer Any Harm Due to the Treatment Delay?

Establishing a quantifiable injury due to medical negligence by the health care expert will be the second essential component of your case. Proving that a doctor failed to treat a disease or damage on time is not enough to sue for medical malpractice. You must also prove that the delay resulted in additional harm or damages.

That implies proving how and to what extent the delay in receiving medical treatment caused you harm or damage. This damages element will almost always necessitate the attestation of a medical expert witness.

Improper medical care delivery can cause harm to a patient in many ways. Including:

  • The condition of the patient may have deteriorated as a result of the delay
  • It could have ruled out the prospect of some treatments given
  • It may have weakened the effectiveness of a particular treatment method, or
  • It may have unduly prolonged or aggravated the pain of the patient

Need for a Lawyer in a Medical Malpractice Case

Without the assistance of a competent attorney, pursuing a medical malpractice lawsuit can be a complex and challenging process. Expert medical witnesses, complex data, and ambiguous regulations can make the entire process expensive, strenuous, and time-consuming.

Furthermore, doctors are rarely willing to accept mistakes, and they frequently have the financial resources to fight cases. Furthermore, several jurisdictions limit medical malpractice awards, so it is crucial to bear this before pursuing a pricey lawsuit. As a result, patients interested in pursuing a malpractice lawsuit should consider hiring an expert medical negligence attorney.

The attorney will assess your case, offer advice, and walk you through the entire process. He will also work to streamline the process as much as possible, removing the majority of the stress medical malpractice lawsuit brings.

Delayed Treatment Compensation

Compensation for delayed treatment claims comes in many forms. The compensation amount is subject to the severity of your suffering and the specifics of your case.

Nonetheless, medical malpractice compensation can cover specific financial costs such as medical treatment, rehabilitation services, care support, specialty equipment, and lost wages. You may also receive compensations for non-monetary damages such as pain and suffering caused by negligent medical care.

Final Thought

Being a victim of delayed treatment can lead to harm and other damages. Thus, if you or a loved one suffers injury or damage due to delayed treatment, you have the legal right to sue the people responsible. However, to have a successful case, you need to consult an experienced attorney.

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