A 12-year old girl complained to her mother about a sharp pain on the right side of her abdomen. The girl’s mother was immediately alarmed because her daughter was not one to complain about pain. She took her to the emergency room and told the individual receiving patients that her daughter was having pain in her stomach and was not one to complain about pain. They took her information and asked her to take a seat that she would be called in a few. An hour passed and no one had called her daughter’s name. The girl started to cry. The mother immediately stood up and spoke again, pleading that they take a look at her daughter.
After an hour, they finally called her daughter in. Her daughter’s appendix had busted. The doctor stated that had the mother come in later, her daughter may not have survived. That hour delay may have caused the life of her daughter. When a medical professional delays the treatment of someone in need of medical attention due to an injury or illness, the repercussions can be severe. Not only must they provide swift and effective treatment, they must also timely diagnose the medical condition that the patient has. Catastrophic injuries and even death can come from a delay to treat or a misdiagnosis. If there was a delay in receiving treatment and the patient suffered injuries from this medical negligence, then they have the right to pursue litigation with an Orlando lawyer that focuses on malpractice delay to treat.
Symptoms and patients should not be ignored. The only one who can really explain how they are feeling is the patient. If the patient is mandating to be seen, then the medical professionals should take immediate action and look at the patient. The sooner they are provided treatment, the more chances they may have to recover.
Could a Delay in Treatment Be Grounds for a Medical Malpractice Litigation?
Before liability can be established, the patient first has to figure out whether the delay in treatment was done because of medical negligence. This will usually be established with the help of a medical expert in the same field as the physician. They will examine the case and determine whether the doctor could have given treatment sooner. Also, the patient must show how that delay in treatment caused them to become further injured. In other words, a delay in treatment can be grounds for a medical malpractice lawsuit in Orlando if the medical professional that delayed the treatment was found to have been negligent.
How Can I Prove that There Was a Delay in my Treatment?
In order to prove that fact, the patient will require the assistance of a medical malpractice attorney in Orlando. Proving medical malpractice alone is quite impossible to do, especially showing that the treatment was delayed. When there is a delay in treatment, most certainly, the patient’s medical condition was misdiagnosed or not diagnosed at all. In order to demonstrate liability, the following fundamentals must be present:
- The patient had a relationship with the medical professional that is being sued
- That the health care facility or professional did not timely provide the patient with treatment; and
- That the delay in treatment was the result of the patient’s injuries
The Orlando qualified attorneys of medical negligence will demonstrate the above through investigations, throughout examinations, and with the help of a skilled medical expert. These fundamentals are essential for any medical malpractice case. If the above is not proven, the victim of the medical negligence would have little to no chance of having a triumphant case.
Are Emergency Rooms Known to Delay Treatment?
A fact that many people may be unaware of is that during an emergency setting, misdiagnosing and a delay to treat patients occurs at a higher rate. Ironically, patients that go to emergency rooms need treatment right away because they may have a life-threatening injury or condition. An incorrect treatment or a delay in providing treatment may be given to a patient who is entering the emergency room because the medical professionals do not have the time to perform all necessary tests. Emergency room medical practitioners cannot assume what they patient has just by looking at them, they must conduct all necessary tests, but sometimes cannot do so during an emergency. Physicians must often use their judgment to treat these patients that come in fighting for their lives, but delaying the treatment may be even more deadly.
Emergency rooms bring a high-level of stress for anyone working there, especially when there are multiple emergency patients that come in at the same time. Because a situation can change from one moment to the next, it is vital that the hospital has enough staff members on the job to be able to handle any situation that arises, including multiple emergencies. A patient’s life can be taken away in a split second when a medical negligence is performed. The patients’ needs being assessed throughout is a determining factor in the outcome of that patient.
Origins of Delayed Treatment
A delay in treatment can occur for a number of reasons. When a delay in treatment happens, the patient might not receive the treatment they need in time and can potentially place their life at risk, especially for medical conditions or injuries that are life-threatening. Providers of health care must ensure that they do everything in their power to prevent the patient from suffering injuries. Some common reasons for these delays include:
- Disregarding symptoms
- Miscommunication between patient and health care practitioner
- Not listening to patient
- Lack of communication with other staff members
- Misreading medical chart of patient
Medical practitioners are required to effectively diagnose a patient’s medical condition and follow-up with the appropriate medical treatment. Delaying to do so can indicate that they will be found liable for the resulting damages and be coined as defendants in the litigation.
Medical Negligence: Things to be Aware Of
- Medical negligence kills about 200,000 individuals every year
- Medical negligence has surged as the top 3 killers of people across the United States
- Physicians had 2061 complaints filed against them in the year 2014
- Out of the 2061 complaints, 963 of the complaints were paid out
FAQS Concerning Delayed Treatment
Question: What does a delayed medical treatment mean?
Answer: A delayed medical treatment is when a patient that requires treatment for a medical condition or injury does not receive the treatment they needed in time.
Question: Can a lawsuit derive from delayed treatment?
Answer: Yes. If the patient and their Orlando attorney can demonstrate that the delay led to their injuries due to negligence and their injuries caused them damages. The consequences of a treatment delay can be quite severe, especially for patients that had a serious condition, to begin with like cancer. Some conditions require swifter treatment than others.
Question: How does a delay in treatment occur?
Answer: A delayed treatment can be caused by a number of factors. Some factors include misdiagnosing the patient’s current condition, disregarding symptoms that the patient is having, physician inexperience with the medical condition that the patient has, misreading the patient’s medical chart, not effectively communicating with other staff members about following up, and more.
Question: How can I demonstrate that I was the victim of a delayed treatment?
Answer: To show that the patient was a victim of a delayed treatment, they will require the legal aid of an Orlando attorney for medical negligence that will work with a medical expert to prove that there was, in fact, a delay to treat the patient.
Contact an Expert Delayed Treatment Malpractice Attorney in Orlando
As noted above, the effects of a delay in treating a patient can be disastrous. Patients who are seeking assistance need to be immediately diagnosed with the condition they have and given the adequate treatment that they deserve. If medical professionals fail to follow through with the standard of care, patients might not receive the appropriate treatment. Even incorrect treatment can leave the patient with catastrophic injuries. If a delay in treatment leaves the patient with questions that they cannot answer, an experienced medical malpractice lawyer at Percy Martinez Law Firm in Orlando that focuses on medical malpractice might have the answer. The firm is dedicated to their clients and is determined to hold the negligence medical practitioners who delayed the patient’s treatment accountable.