Medical Malpractice for Delay of Treatment
Medical malpractice can occur for a number of reasons---error on the part of a surgeon, bad medical advice, prescribing the wrong medicine and countless others. However, a patient can also sue for medical malpractice if necessary treatment was delayed that caused further injury to him. Because time is of the essence in most cases, when a doctor requires a patient to wait for treatment, he can be held responsible for the suffering caused by the progression of a patient's illness.
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Definition of Delayed Treatment
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When a hospital does not treat an individual in a timely fashion, whether delay is based on misunderstanding of the disease, misdiagnosis or any other factor, a delay of treatment malpractice suit might be pursued. Some of the common factors leading to a delay in treatment are failure to complete the necessary X-rays or scans of a part of the body, misinterpreting symptoms or scans and failure to complete any follow-up procedures that will help to diagnose or treat an illness.
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Resulting Problems
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Delay of treatment can greatly reduce the number of treatment options a patient has to pursue. For example, in cases of brain aneurysms or lung cancer, time is of paramount importance---failing to nip these specific illnesses in the bud dramatically decreases the chance that a patient will survive. When delayed treatment leads to irreversible damage, litigation is often pursued under the guidance of a qualified lawyer.
Proving Delay of Treatment
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A "doctor-patient" agreement is formed between two individuals when a doctor agrees to treat or administer care. After doing so, a doctor must prescribe further procedures in a timely manner to accurately diagnose and treat the patient. Malpractice suits in such cases can be proven on the basis of the following: First, the provider of health care is required to administer care to a patient; a health care provider or doctor is expected to honor that requirement; if the patient suffers an injury because a doctor has not provided care in such a manner, and if the injury was caused proximately by the health care provider in question, delay of treatment can be proven to a court.
Who to Sue
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While hospitals are usually not liable for a doctor's mistakes, they generally are liable for the mistakes of other employees such as nurses and EMTs. So if delayed treatment was a result of negligence on the part of such employees, the hospital can be taken to court. Doctors under the employ of a hospital are also the hospital's responsibility. However, employees acting under instructions of a doctor, or doctors not employed by specific hospitals, are not the hospital's responsibility.
Seeking Help
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Medical malpractice law is difficult to understand, and so a lawyer must be sought for advice. As demonstrated above, even deciding whether a doctor or a hospital is responsible for delay of treatment can be difficult. In delayed treatment situations, individuals should opt to seek out a licensed malpractice attorney with experience and a good record. Good lawyers can be found in online directories or through your city's bar association.
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References
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