Medical negligence can take place on different grounds like an act of negligence by a general practitioner, wrongful medical recommendation, wrongful prescription, delayed treatment and much more. Whatever the reason of medical error is, a patient may have to suffer serious physical and emotional damages as a result of act of negligence. A patient if gets below the standard medical care will have right to file a medical negligence claim. As time is vital in most of medical cases, when a patient is being asked to wait for the cure, the doctor would be held liable for damages caused to the patient due to delayed diagnosis and treatment.
When a patient is not provided with timely treatment, whether or not the delay is due to misinterpretation of the disease or its symptoms, misdiagnosis or some other reason, he will have a right to file delay of treatment negligent suit against the hospital. Some factors that are proposed to result as delayed diagnosis and treatment include:
· Essential X-rays are not performed
· Vital scans of body parts was not conducted
· Wrongful interpretation of symptoms or scan results
· Delayed or wrongful follow-up measures required to diagnose or cure the disease
Consequences of Delayed Diagnosis:
Delayed healthcare procedures can narrow down the list of options to treat a patient. For instance, if a person suffers from throat or liver cancer, timely diagnosis and treatment is vital. If doctors fail to control these particular diseases in the beginning, there would be reduced chances that a patient will recover. Delay in diagnosis and treatment can lead to irrevocable damages, a medical negligence claim can be filed in the direction of a competent attorney.
Proving Delay of Treatment:
A “Physician-Patient” agreement is a proof of duty of care that is made when a doctor agrees to treat the patient. A doctor then becomes responsible to recommend next treatment steps in a timely manner and to perfectly identify the illness and prescribe accordingly.
Medical negligence claims in such cases can be proven on the basis of following:
· Caregiver is responsible to look after the patient
· A healthcare provider is responsible to honor the patient’s requirements
· If the patient undergoes any injury due to delayed diagnosis and treatment
Who is Responsible for Damages?
Usually hospitals are not responsible for a doctor’s mistake but a hospital can be held responsible for the mistakes of other employees like nursing staff or EMTs. So, if delayed treatment was result of clinical negligence on the part of these professionals, negligence claim can be brought against the hospital. Doctors employed by a hospital are also hospital’s liability. However, hospital would not be liable for negligence on the part of medical staff if staff is working under the guidance of a doctor, or staff is not employed by that particular hospital.
Hire a Medical Negligence Attorney
Medical negligence law is pretty complicated to understand, so seeking help from a specialized attorney can add to the chances of a successful medical negligence compensation claim. Competent and experienced negligence attorneys can be reached online or through the states or city’s bar association.
This post is about delayed diagnosis and medical negligence. Here you will read proposed consequence of delayed diagnosis, what you need to prove for a delayed diagnosis claim and who should be held responsible for the act of clinical negligence.