New York Delayed Treatment Medical Malpractice Lawyers

Prompt treatment and correct diagnosis of an injury or illness can make the difference between a patient recovering fully and having serious, sometimes fatal, complications. Many people who develop progressive illnesses may benefit from early intervention. However, a delay in diagnosing a disease or a misdiagnosis may mean you miss the opportunity for beneficial early intervention.

Delayed treatment may be considered a form of medical malpractice. If this happened to you, you may be eligible to collect compensation for your increased medical bills and pain and suffering. A New York medical malpractice attorney from Harris Keenan & Goldfarb can explain your legal options and determine whether you have a valid claim. Contact us today at 800-724-6529 for a free consultation.

Who Is Responsible for Delayed Medical Treatment?

Any healthcare provider may be responsible for a patient’s delayed treatment. This includes:

• Doctors
• Nurses
• Emergency room staff
• Emergency medical technicians (EMTs)
• Other medical professionals

These individuals, and the healthcare facilities they practice in, have a duty of care and professional obligation to their patients. This means that the treating professional should order the right tests and lab work to accurately and promptly identify the medical condition or provide swift treatment of an injury, to prevent further complications.

If a healthcare provider fails to do this, the patient may have prolonged illness, a worse outlook for recovery or healing, permanent injury or disability, or even death.

How Do I Prove Delayed Diagnosis or Misdiagnosis in New York?

The Institute of Medicine (IOM) indicates that quality health care should be timely and efficient. A delay in diagnosis or treatment could be considered poor quality of patient care. A delay in diagnosis or a misdiagnosis could lead to delayed medical treatment or incorrect treatment, or even no treatment at all.

Proving medical malpractice means proving the following four elements:

• A doctor-patient relationship existed, either because you sought treatment for an injury or you scheduled an appointment with the medical professional and went to it.
• The healthcare professional failed to provide timely, correct care within accepted practice standards.
• This failure to perform the standard duty of care resulted in injury or harm to you.
• You suffered losses because of the injury or harm.

Delayed treatment often means you have higher medical bills than you would have if you’d gotten the right treatment at the right time. You may also miss more work because of your worsened condition, meaning you aren’t earning the income you should have. These, and other losses, may be returned to you through a malpractice lawsuit.

Consequences of Delayed Treatment in NY Emergency Rooms

New York emergency rooms are naturally chaotic, with unexpected, serious injuries and illnesses treated every day. In these situations, delays in treatment can occur due to a patient’s position in triage, as can misdiagnosis by overwhelmed healthcare professionals in a hurry.

Patients in emergency rooms are often fighting for their lives or otherwise under stress. Because death may be imminent, doctors may not get as involved in diagnosing a patient as they might have if the patient was stabilized or if the doctor had more time.

Overcrowding is another reason for delayed treatment in an ER. This, coupled with the understaffing many New York ERs experience, means that even critical patients may experience delays in treatment. That being said, hospitals have an obligation to keep a reasonable amount of staff on shift to handle busy situations.

How Can a New York Medical Malpractice Lawyer Help Me?

It’s rare for a doctor or other healthcare professional to be criminally charged with misdiagnosis or a medical error. Patients who suffer because of a medical misdiagnosis or delayed treatment may seek recourse in New York civil courts, filing a lawsuit for compensation for their losses following the delayed treatment.

Proving medical malpractice due to delayed treatment can be complicated. A skilled NY malpractice lawyer from Harris Keenan & Goldfarb may help you in the following ways:

• Filing all necessary legal paperwork. This includes sending a demand letter to the healthcare provider’s insurance company requesting a fair settlement and filing your lawsuit in a New York civil court.
• Properly valuing your case. You may need long-term care or ongoing treatment to recover from your illness. An attorney considers your future medical needs, potential time missed from work, and your intangible losses when valuing your case.
• Building a solid case. Don’t be surprised if a healthcare facility is unwilling to admit that one of its doctors made a serious medical error or significantly delayed treatment. Law firms have resources that ordinary people may not have to investigate cases of delayed treatment, subpoena facility records, or depose witnesses under oath.
• Tenacious negotiation. An experienced medical malpractice attorney is a skilled negotiator, someone who fights hard in settlement mediation to achieve the best possible outcome for your case.
• Representation in court. If the doctor or healthcare facility disputes the facts of your claim, or if they aren’t willing to pay a full settlement, then your case goes to court. Your lawyer can represent you before a judge and jury.

Compensation Available in a New York Delayed Treatment Case

You may be eligible to collect the following types of compensation in your settlement:

• Past, present, and future medical care
• Modifications to your home or vehicle
• Lost wages from time missed at work
• Pain and suffering
• Diminished quality of life
• Loss of companionship or consortium

Families who lost a loved one due to delayed treatment may also be eligible to file a wrongful death suit against the healthcare provider.

Do You Need Help After Suffering Due to Delayed Medical Treatment?

Have you missed out on valuable early intervention because of delayed treatment for a disease or illness? Did you experience delayed treatment in a medical emergency and suffered because of it? We can help. The skilled New York medical malpractice lawyers at Harris Keenan & Goldfarb work with people injured by their healthcare providers, helping them pursue maximum compensation in delayed treatment cases. Contact us today at 800-724-6529 for a free attorney case review.