Can delay of treatment qualify as medical malpractice in an ER?

Delay of treatment, especially in cases of emergency room malpractice, is often a viable grounds for filing suit against a doctor, hospital, or other liable parties. Once a patient reaches an emergency room, the timing of his or her care will depend largely on the severity of the injuries or symptoms presented. In certain cases, a delay in treatment, even a temporary delay lasting under an hour, may ultimately kill a patient, or as seen in other cases, cause irreversible medical damage making future treatment options less likely to succeed or limited in effectiveness and number.

In short, as soon as a patient arrives at any given emergency room, he or she should be quickly evaluated for symptoms and injuries indicative of the seriousness of his or her medical problems. Medical professionals are specifically trained to identify cases requiring immediate attention, and in turn, take definitive action towards obtaining the time-sensitive treatment a patient needs. Failure to do so, otherwise known as delayed treatment or delayed diagnosis leading to delayed treatment, can be grounds for filing a medical malpractice lawsuit against the liable parties, most likely the hospital hosting the emergency room facility, and in certain instances, the attending physicians or other doctors involved in the case.

When considering whether your specific delay of treatment in the ER constitutes grounds for filing a lawsuit, having the insight and advice of legal counsel is important. Delay of treatment based lawsuits are based exclusively on the highly individual nature of each patient’s case, including arrival time, symptoms expressed, initial evaluations by medical professionals, treatment ultimately received, and the outcome of the case. Consult with a medical malpractice lawyer to learn more about your legal rights and options following delayed treatment in an emergency room that causes you further medical harm and damages.