Delayed Treatment In A Medical Malpractice Case

Oct 25, 2016 by

When a person is sent to the emergency room, there is always an assumption that they will be attended to right away by a doctor or any medical personnel. Sadly, there had been a number of patients who claims that they were not given immediate treatment in the hospital or clinic where they consulted a doctor. As the website of Habush Habush & Rottier S.C. ® revealed that doctors are seen in high regard by patients.

Delayed treatment is a common occurrence in today’s hospitals. Doctors are expected to provide timely care to patients. Time can be of essence when it comes to treatment. It can make a huge difference between the patient getting well or experiencing complications. Such failure of the doctor to treat patients immediately is one of the situations that is tantamount to medical malpractice. But before calling it as such, there are certain things you need to consider:

Was The Delay Due To Negligence?

In filing a medical malpractice claim for delayed treatment, you first have to prove that such delay was the result of negligence. Was the delayed treatment sub-standard compared to what a reasonably and competent doctor would do I similar conditions. Here you would have to get the testimony of a medical expert. The witness would explain in court the normal process of treatment under reasonable care.

Did The Dealy Resut To Harm Or Injury?

The second element that should be present in your case is additional harm. Proving their failure to treat or diagnose will not suffice, you would have to prove that such delay brought harm or injury to you. You would also need the testimony of a medical expert who will show that the delay in treatment resulted to injury.

Medical malpractice cases can be complex for a layman. Hence, you would need to hire an attorney to help you with the case and recover damages for the injury you incurred.

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