what to do when a physician has delayed treatment

by Prof. Hulda Davis Jr. Published 3 years ago Updated 2 years ago

Many cases involve the doctor giving the patient something mild to see if it works given the symptoms. This situation rarely leads to injury unless the doctor is negligent. The standard way for action against a delay in medical treatment involves negligence.

Full Answer

What is delayed treatment and why does it matter?

If a doctor fails to intubate a patient in a timely manner, brain damage or even death may result. This type of delay in emergency treatment could amount to medical negligence. If a medical …

When does delay in emergency treatment amount to medical negligence?

The standard way for action against a delay in medical treatment involves negligence. The doctor either works counter to standard procedure and guidelines set forth by the medical facility or …

Can I sue a doctor for medical malpractice for delayed treatment?

Receiving a delay in treatment is a serious matter that is best handled when immediately approached. Schedule your consultation with our Raleigh medical malpractice attorneys today …

What is a delayed diagnosis?

Oct 26, 2017 · That a reasonable skillful and competent doctor would have made the correct diagnosis and the doctor who made the error did not. The doctor did not perform the …

Is Delayed treatment negligence?

In order to have a successful lawsuit, an individual must prove that the doctor's delay in providing treatment was a result of medical negligence. Medical negligence occurs when a healthcare provider of any kind fails to meet the certain minimum standards of care when providing medical treatment to a patient.

What might happen if treatment is delayed?

Postponing medical care can result in worsening medical conditions. Temporarily delaying surgery may not seem like a big deal if your health complication isn't major or life-threatening, but small problems can quickly progress when not properly treated in time.

What to do when a doctor refuses to treat you?

If you need urgent medical attention, and a doctor refuses to treat you, you can pursue a medical malpractice suit against the physician and/or the establishment they work for. This is especially true for doctors in hospitals and emergency rooms.Sep 8, 2021

What constitutes delay of diagnosis?

A delayed diagnosis refers to an instance where a patient's health condition, disease or ailment is not diagnosed within a reasonable amount of time. It does not refer to instances when a patient does not seek medical care.

How do you inform a patient of delays?

“Oftentimes, delays aren't communicated to patients in the waiting area because that information isn't communicated to the front of the practice,” says Wynn.
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EXECUTIVE SUMMARY

Tell patients the reason for the delay.
Update patients at least every 15 minutes.
Suggest patients run an errand, or offer to reschedule.

Jan 1, 2016

Can I sue my doctor for not helping me?

What Is A Doctor's Duty Of Care? If a doctor failed to uphold their duty of care to you, then you could be entitled to make a medical negligence claim against them. Providing you can prove that the doctor in question caused your suffering unnecessarily, you could have grounds to sue them.

On what grounds can a doctor refuse to treat a patient?

The Emergency Medical Treatment and Active Labor Act

Under the Civil Rights Act of 1964, it is illegal for a healthcare provider to deny a patient treatment based on the patient's age, sex, race, sexual orientation, religion, or national origin.May 9, 2017

Can a physician Fire a patient?

Even though physicians retain the legal right to dismiss patients in many situations, there are some circumstances when it's not only unadvisable but unethical and, depending on the state where it occurs, illegal and punishable both by law and by censure.

Can a doctor refuse to treat a patient in an emergency?

The element of consent is one of the critical issues in medical treatment. The patient has a legal right to autonomy and self determination enshrined within Article 21 of the Indian Constitution. He can refuse treatment except in an emergency situation where the doctor need not get consent for treatment.

How much can you claim for delayed diagnosis?

There is no set amount of compensation for a delayed diagnosis claim. Every case is different (neurological diagnosis delay or delayed cancer diagnosis), and the level of compensation will depend on the severity of your illness or injury and its impact on your daily life.

How can delayed diagnosis be prevented?

In their view, delayed diagnosis can be largely prevented with interventions requiring relatively minor investment. However, in current climate of limited and reducing resources implementing those interventions may be more challenging and competing priorities may prevent their adoption and implementation.Sep 9, 2016

Is it possible to be misdiagnosed?

In the United States, 12 million people are affected by medical diagnostic errors each year. An estimated 40,000 to 80,000 people die annually from complications from these misdiagnoses. Women and minorities are 20 to 30 percent more likely to be misdiagnosed.Feb 22, 2020

Why does a doctor delay treatment?

There are times when a doctor delays medical treatment because the diagnosis is not clear, and these are also actions connected to possible lawsuits where the victim is the patient that survives the delay. Other times, delays in medical treatment are the fault of the insurance company, a carrier attached to ERISA or a hospital ...

What is the standard way for action against a delay in medical treatment?

The standard way for action against a delay in medical treatment involves negligence. The doctor either works counter to standard procedure and guidelines set forth by the medical facility or the professional does something or does not do something necessary based on the evidence of the illness or injury. This lack of carried out a duty of care owed to the patient can lead to a valid claim because of negligence factors. The lawyer hired for the case will need to present these factors to the courtroom or compile enough evidence for an insurance company to want to settle.

Why do doctors work within a set of guidelines?

Generally, doctors work within a set of guidelines because the professional can incur the possibility of liability concerns if he or she deviates from these protocols. If the medical practitioner uses one method over another, it can interfere with proper care. However, small details may not make much difference in these circumstances unless it causes a delay in medical treatment which can then injure the patient or lead to a loss of assistance in fighting the ailment. The delay because of a disruption of standard guidelines is another way to hold a medical professional liable for negligence.

What happens if you delay an insurance claim?

Some injuries or illnesses require a swift response. Any delay can lead to catastrophic damage inside the body. Generally, this can lead to negligence or injury claims against a professional, institution or an insurance carrier. If the reason for the delay is because of an insurance company, the claim could incur liability with the carrier because of the delay which caused either injury or death. The more involved the insurance company is with the delay, the greater the damages could become. If the judge decides that punitive damages are part of the claim, he or she can penalize the carrier in addition to the standard compensatory damages.

How does a lawyer work?

The lawyer usually starts with an investigation to determine the liable party and takes this claim further by holding all involved parties responsible for the injury or severe damage because of a delay in treatment. The lawyer will then proceed in the courtroom or through settlement negotiations.

What is delay in treatment?

A delay in treatment is characterized by a patient failing to receive medical treatment, whether it be medication, physical therapy treatment, lab testing, or any other form of treatment, within the reasonable time frame that it should have been delivered. This includes failing to receive an initial or follow-up appointment in a timely manner, ...

What are the consequences of delay in treatment?

Examples of additional harms that the delay in treatment may have caused are: 1 Worsening of condition 2 Worsening of symptoms associated with condition 3 Decreased effectiveness of the treatment 4 Prolonged or intensified pain and discomfort

What does "worsening" mean in medical terms?

Worsening of condition. Worsening of symptoms associated with condition. Decreased effectiveness of the treatment. Prolonged or intensified pain and discomfort. To prove that additional injury occurred as a result of the delayed treatment, this usually requires a medical expert as well. The medical expert must detail how ...

What is medical malpractice?

Pursuing a medical malpractice claim is a complex and difficult process without the help of an experienced attorney. Such lawsuits involve expert medical witnesses, complex data, and confusing requirements, which can make the entire process expensive, stressful and lengthy.

What is medical negligence?

Medical negligence occurs when a healthcare provider of any kind fails to meet the certain minimum standards of care when providing medical treatment to a patient. Proving medical negligence usually requires a medical expert witness to testify.

What happens if you delay diagnosis?

A delay in diagnosis can cause a number of specific types of damages: extended pain and suffering, worsening symptoms, emotional suffering, lost time at work, expensive extra medical bills, an additional condition or illness, disability that may be temporary or permanent, chronic symptoms, inability to work or earn a living, and even death.

What is delayed diagnosis?

A delayed diagnosis is any case in which a patient does not get the correct diagnosis in a reasonable amount of time. Of course, the reasonable amount of time is debatable and may be what is under consideration in a malpractice case.

Is a delayed diagnosis considered medical malpractice?

A delayed diagnosis is not always negligent. Sometimes, though, when a doctor fails to make an accurate and timely diagnosis, and the patient suffers as a result, it is considered medical malpractice. If you believe that your doctor should have diagnosed your condition sooner, and that you suffered because of a delay, ...

What is it called when a doctor fails to diagnose a patient?

Sometimes, though, when a doctor fails to make an accurate and timely diagnosis, and the patient suffers as a result, it is considered medical malpractice. If you believe that your doctor should have diagnosed your condition sooner, and that you suffered because of a delay, you may have a case for malpractice.

Is delayed diagnosis common?

However, delayed diagnosis and other errors in diagnosis are unfortunately common. Studies that analyze medical malpractice claims have found that more than half associated with patient assessment issues were related to a delay in diagnosis or a completely missed diagnosis. Some of the specific mistakes that occurred were failing to order a test ...

Is cancer a misdiagnosis?

Cancer Common in Misdiagnosis Cases. One of the unfortunately common types of a delayed diagnosis that can have very serious consequences is the delay in diagnosing cancer. Cancer is a disease that only progresses and gets worse without treatment, so diagnosing in a timely fashion is crucial for giving patients a chance to survive.

Case Objectives

Know that failure to properly act on abnormal test results is a significant patient safety issue.

The Case

A 21-year-old woman presented to the emergency department (ED) with heavy vaginal bleeding. She was admitted to the obstetrics and gynecology (OB/GYN) service for management. She received a blood transfusion and a Depo-Provera injection (a hormone to stop the bleeding), and was discharged home the next day.

The Commentary

The process of arriving at an accurate diagnosis often involves many steps in a complex system, and errors can occur at any step along the way.

Table

Table. Steps organizations can take to reduce the malpractice risk associated with following up test results.

Can a doctor be sued for medical malpractice?

A doctor can be sued for failure to provide timely medical treatment, including timely referral to a specialist, if that delay amounted to medical malpractice. Elements of a Medical Malpractice Claim:

Why are medical malpractice cases so expensive?

Most cases are expensive and lengthy because they involve numerous expert medical witnesses and complicated facts. Doctors are usually unwilling to admit errors, and they often have the resources to contest lawsuits.