Just about any healthcare provider, such as a dentist, doctor, OB/GYN, etc. may be sued for delaying diagnosis or treatment of an illness or injury. It is however a difficult task to prove your case. While the failure on a heath care professional or a doctor’s path to provide timely care may amount to medical malpractice, there are a couple of things that a plaintiff will have to prove to achieve a successful lawsuit.
Just about any healthcare provider, such as a dentist, doctor, OB/GYN, etc. may be sued for delaying diagnosis or treatment of an illness or injury. It is however a difficult task to prove your case. While the failure on a heath care professional or a doctor’s path to provide timely care may amount to medical malpractice, there are a couple of things that a plaintiff will have to prove to achieve a successful lawsuit.
Delay Amounting to Negligence
To begin with, it is important for the plaintiff to establish the doctor’s delay in giving proper care which resulting in medical negligence. One of the most important factors in proving medical malpractice in a case is being able to establish that the treatment imparted was sub-standard when measured against what a reasonably competent and skilled physician might have done (or not done) under similar circumstances.
The testimony of a medical expert witness is usually required to prove medical negligence. This witness will not only establish the appropriate course of treatment under the circumstances, but also explain how the doctor’s conduct fell short of that standard.
For instance, it is important that a patient be intubated when their airway has been blocked. If intubation is delayed, it could lead to brain damage or in some cases, even death. A delay of this type may be grounds for a medical malpractice lawsuit if a medical expert testifies that a “reasonable” doctor may have intubated the patient sooner.
Delay Causing Harm
Establishing medical malpractice damages is the second main component of such a case. It is not enough that a doctor failed to diagnose or treat an injury or disease in time, it must have also caused additional injury. This refers to showing how and to what extent a delay in the provision of medical care harmed the plaintiff. This too usually requires the testimony of an expert medical witness.
There are many ways in which improper delay in the provision of medical care could lead to harm to a patient. The delay might have worsened the plaintiff’s condition, could have hampered the effectiveness of a certain treatment method, may have negated the possibility that a certain treatment could be administered, or it could have intensified or unnecessarily prolonged pain and discomfort.
Assert Ones Rights
Most medical malpractice cases are very difficult and complex to prove. This is especially due to the fact that there is no such law in place that says that negligence has occurred just because a doctor failed to do a procedure in a certain amount of time. It is absolutely vital to find a qualified lawyer who has experience and a background in medical malpractice cases to overview the facts of your case and determine whether the required medical and legal elements are present in order to justify pursuing a medical malpractice lawsuit. These medical malpractice lawyers also have medical experts available who look into potential cases and offer their advice and opinion on the same.
