Delay of Treatment Resulting in Medical Negligence

The manner in which a medical condition presents itself may vary from patient to patient.  While some patients may have a particular problem which is obvious, others may have the same or similar condition but it is not as apparent.  Despite the presentation of the problem, medical professionals are in the best position to provide a diagnosis and plan of treatment for the condition.  However, there are times where treatment is delayed because a person is not admitted to a health care facility when the underlying condition requires such admission.  When such an incident occurs, there may be a cause of action for medical malpractice against the physician and/or health care facility for the resulting injury.   

How it Happens

Treatment delay can occur in several different ways.  Initially, if a physician fails to correctly diagnose a patient’s life threatening condition and sends the patient home despite the fact that harm is imminent, this delay in treatment can lead to serious injury or death.  Such action can provide the basis for a medical malpractice claim.  Moreover, if a facility refuses to accept a patient in an emergency medical situation, there can be a malpractice claim, in addition to violations of the Emergency Medical Treatment and Active Labor Act and other significant laws. For example, refusing to accept a patient based upon the patient’s insurance can lead to injury for which the facility will likely be liable for medical malpractice, as well as a number of other statutory violations.  

Risks and Dangers

Depending upon the nature of the underlying medical condition, there are a tremendous number of risks of injury when a patient’s treatment is delayed due to non acceptance by the health care facility.  Some of these risks include:

• Stroke
• Heart attack
• Hemorrhage
• Brain damage
• Organ failure
• Paralysis
• Permanent disability
• Death

Legal Implications 

When a patient is not admitted to a facility when the patient requires treatment and the delay in treatment causes an injury, there is a significant possibility that there is an underlying medical malpractice case.  Frequently, medical malpractice cases involving a delay in treatment due to non-admittance to a facility is based upon error in an emergency room. The emergency room physician and staff must review the patient’s condition in order to properly triage the patient.  Failure to identify the severity of a patient’s medical problem can result in a treatment delay and subsequent injury which can provide the basis of a medical malpractice case.  Moreover, where a physician fails to utilize medically appropriate diagnostic tools and this failure leads to improper diagnosis, there may be a diagnostic error which results in the patient being sent home.  In such an instance, the patient may incur an injury due to non-admittance to the hospital, which leads to a malpractice case.

Filing a Lawsuit Against a Hospital or Doctor

In the event that one believes that an injury sustained during a delay in treatment is due to non-acceptance of the patient, one may contemplate filing a law suit.  In order to prevail in a malpractice case, one must generally demonstrate the following: 1) the physician owed the patient a duty to provide adequate, appropriate medical care; 2) the physician failed to provide this care; 3) the physician’s failure caused the patient’s injury; and 4) the patient incurred damages as a result. In order to demonstrate these components, one must provide evidentiary support.  Such support includes medical records, witness accounts and expert opinions.  Additionally, some jurisdictions require a pre-filing certification from a medical expert that the health care facility and/or physician breached the standard of care which resulted in the patient’s injury and damages. 

Get Help From an Attorney

When contemplating the filing of a medical malpractice case arising out of an injury caused by delay in treatment from non-acceptance of a patient,  it is important to consult with an experienced attorney.  Not only can this attorney evaluate the legal validity of the claim, but also the attorney can determine the likelihood of success of the case. 

In addition, an experienced medical malpractice attorney possesses the requisite level of expertise to correlate the injury with the type of damages recoverable.  For instance, compensatory damages may be available.  This type of damages is intended to compensate the patient for the injury.  In addition, punitive damages may be available as a remedy.  An experienced attorney can assess how the facility’s actions contributed to the severity of the injury.  Moreover, there may be alternative legal options, such as binding arbitration, and the attorney can assist in identifying these options.  Finally, an experienced attorney will be aware of the current medical and legal trends and be able to manage the case accordingly.