There are instances where a doctor may delay treatment of a medical issue because the diagnosis is unclear. However, there are other instances where such delays may result in a lawsuit against the medical professional involved. At times delays in treatment may be due to various issues such as the insurance company or the hospital not wanting to foot the bill for providing treatment. This article will discuss actionable cases with regards to delayed medical treatment.
In the majority of cases a delay in medical treatment is because medical professionals are not aware of the actual condition of the patient. This may be due to symptoms being present in several illnesses or injuries. As such, without figuring out the true cause of the injury or damage to the body, the medical professional is unable to provide the appropriate care. Unfortunately, this can cause further injury to the patient if no treatment is administered at all. In most cases the medical professional may start with mild medication to see how it works with the illness according to the exhibited symptoms. These instances rarely lead to injury, unless there is an act of negligence on the part of the medical professional.
There are a number of ways in which a medical professional can be held liable for delayed medical treatment. Some of these are:
For a medical malpractice lawsuit to be filed, the standard cause of delayed medical treatment involves negligence. Negligence is defined as the “failure to behave with the level of care that someone of ordinary prudence would have exercised under the circumstances.” Often this behavior involves actions or omissions to act. Thus, the medical professional works differently from the standard procedure and guidelines that are set forth by the medical facility or the medical professional does something or fails to do what is necessary as manifested by the symptoms of the illness or injury. This act or failure to act on the duty owed to the patient can lead to a valid medical malpractice claim due to factors relating to negligence. The medical malpractice Anchorage lawyer hired for this case will need to put forth these factors to the court or compile adequate evidence in order for an insurance company to settle.
Typically, doctors work according to set guidelines. This is because the medical professional can incur possible liability if they deviate from such guidelines. Where a medical professional uses one method over another this could interfere with the administration of proper care. While small details may not have a direct impact on the health of the patient, if such small deviations result in a delay in medical treatment, they may injure the patient or result in a less fighting chance of beating the illness. Such deviations can be a basis of a medical professional’s liability through negligence.
Some injuries or ailments need immediate and swift responses as such delays may result in further injury or death. When delays in medical treatment are due to the insurance company, the insurance company may be held liable.