Medical conditions often present very differently in different patients˳ Although some patients have very clear symptoms that are quite unmistakable, other patients may have the very same condition with symptoms that are not as clear cut˳ No matter how the problem or condition presents a trained medical professional should be able to provide an accurate diagnosis along with a set course of action that has been designed to treat the issue˳
That being said, there are times when there is a delay in treatment because the patient is not admitted to a medical facility for treatment, for testing, or their symptoms are simply dismissed as something else that is more minor in nature˳ When this happens, there may be a case of medical malpractice or negligence against the medical professional or the medical center for the resulting injury due to the delay in proper treatment˳
A delay in treatment can happen in a number of ways˳ The number one reason that most patients experience this issue is because a physician does not properly diagnose a life threatening illness or condition and simply tells the patient to return home, even though immediate treatment is actually needed˳ This type of delay can lead to serious illness, injury, and in some cases, death˳ When this happens a medical malpractice claim is quite possible˳
Furthermore, if a medical center does not accept a patient for treatment in an emergency situation, this could also be grounds for a malpractice claim˳ Failure to treat in this circumstance is a direct violation of the Emergency Medical Treatment and Active Labor Act, as well as several other civil rights laws and individual state laws˳ One reason that this happens is because some medical centers will not accept uninsured patients or patients with certain types of insurance˳
There are a number of potential risks and dangers that can be attributed to delayed medical treatment˳ Depending on the type of illness or injury, this can vary a great deal, however some of the most common risks include the following:
Missing Cancer/Tumors: Many types of cancer are missed completely, or diagnosed as a much less serious condition˳
Heart Attacks: Frequently dismissed as other minor issues (even gas bubbles, or stress), heart attacks are quite commonly misdiagnosed or ignored˳
Stroke: Much like heart attacks, strokes are often misdiagnosed, ignored, or not treated properly˳
Side effects of delayed treatment include serious life threatening issues such as brain damage, organ damage or failure, hemorrhages, permanent disabilities, paralysis, infections, blood flow disruptions, and even death˳
Along with the serious health implications that can result from delayed treatment, there are also several legal implications as well˳ When a patient is denied care, such as is the case when a medical center refuses treatment, and this delay causes or worsens the injury, there is a good chance of a successful medical malpractice case˳
Similarly, you may also have a good case if your treatment was delayed due to not being admitted to a medical center or released too soon from emergency care˳ In an emergency room setting, a physician and his or her staff should take steps to assess a patient’s condition and place him or her into the treatment cue; this is also known as triage˳ Failing to properly do this may cause the severity of a patient’s medical problem to be overlooked, leading to too much time passing between arrival and treatment, or to further damage or injury˳ Not only that, but when a physician does not use the proper medical diagnostic tools to make an assessment, there may be an error in diagnosis entirely, which can result in a patient not receiving any type of treatment, and being sent home˳ When this happens, there can be further injury because of not being admitted for treatment, which is also a strong case for medical malpractice˳
In the event that you or someone you know or love has been injured or harmed because of delayed treatment for an illness or injury, you may be able to seek justice in the form of a malpractice law suit˳ In order to ensure you will be successful and that the outcome will be worthwhile, you must be able to prove the following criteria:
The physician had the responsibility of providing sufficient and appropriate medical treatment;
The physician did not provide this level of care;
The failure on the part of the physician to provide this care caused or worsened the injury to the patient;
The patient experienced damages as a result of the patients delayed treatment˳
In order to substantiate the claim, evidence must be supplied to support the law suit filing˳ This type of evidence can include medical reports, first hand witness accounts, expert testimony, and any other information that is deemed pertinent to the case˳ On top of this evidence, some jurisdictions also require plaintiffs to file certification from a medical expert in advance of the law suit in order to prove that the health professional, medical center, or medical staff did in fact breach the standard of care that the patient was entitled to receive, therefore causing further damage˳
Any time there has been a case of delayed treatment; professional help from a medical malpractice attorney should be sought immediately˳ Because these cases can be quite complex and the laws surrounding statutes of limitation can vary from state to state, you should not wait in doing so˳ Not only can an attorney help establish your case, and evaluate the validity of your case, he or she can also determine how successful you will be in your law suit˳ Your attorney will know exactly how to proceed and will be able to determine the level of compensatory damages you are entitled to receive˳ He or she will also be able to determine if you should seek further damages, such as punitive for your particular case as well˳ Since malpractice attorneys work on a contingency basis, you have no upfront expenses, meaning you have nothing to lose, but everything to gain˳
Source by https://ezinearticles˳com/?The-Risks-of-Delayed-Treatment&id=5753652
