You want the doctor to hear you when you walk in with a concern. And you don’t want your symptoms to be brushed off. And what if they take a wait-and-see attitude to treatment? It’s rather common to wait too long to treat something that should be treated, creating a more significant health concern. This can make it more painful, take longer to recover, or cause an injury that will not heal. A standard of care is absent and a health care professional delays.
What Is Delayed Treatment?
Delayed therapy is when the patient was not treated in a timely manner. These delays might occur at a doctor’s office, hospital, urgent care, or another health care facility. But not every delay is medical malpractice. Some tests take time, and some illnesses are difficult to diagnose. If a provider fails to do what a similarly skilled provider would have done in your situation and that failure caused you harm, you may have a claim. For example, a doctor may fail to recognize symptoms of a stroke or heart attack. A hospital may miss an abnormal test. A nurse may not tell a doctor that the patient is in bad condition. All cases are factual. Here the question is did I get proper care at the proper time and if so did that (as we assume) delay in care do me any harm?
The Real Cost of Late Medical Care?
Medicine Is Time Critical. Diseases can become worse by the hour, and the missed chance of treatment can damage the life of a person. As an example:
Cancers: Many cancers can grow and spread while you wait for tests or a diagnosis.
Stroke: Waiting without a diagnosis might cause brain damage or permanent disabilities.
Heartattack: May longer receive lifesaving treatment to heart muscles.
Infections: Infections left untreated can damage or even seed your organ(s).
Internal bleeding: Severe loss of blood without symptoms.
Birth injuries: Any birth injuries (child or parent) if time of birth is missed.
Depending on the patient’s situation. Delays won’t really be a lifelong injury, but you have already agreed to the fact that to chip away at the patient’s health will.
When Delaying Treatment Is Malpractice?
Not Every Medical Malpractice Case Will Fail. But if your doctor delivered substandard care to you and caused you harm, you might have a malpractice claim. Most reviews are based on three questions.
Did the provider miss a red flag? Could the provider have done more with symptoms/ testing/ change in the patient’s condition?
What should have been done earlier? What would a competent doctor have done in the same situation? (Medical records, expert testimony)
What damage was caused by the delay? That’s the cause. You have in effect proved that the delay caused harm or worsened the situation.
The latter is harder to prove. But the patient may have been ill previous to the wait. You may need an expert witness to show what difference early care made.
See Also: Signs of Trouble
Patients and families see changes long before they name them. When appropriate, draw attention and ask your doctor questions. Search for:
- Your symptoms are becoming worse and nobody can explain why.
- Your test results come back abnormal, and the doctor does not follow up with you.
- You mention symptoms that deserve urgent consideration yet you are dismissed offhandedly.
- He notices something is a little off with Syndrome, but personnel do not respond.
- A third doctor discovers there was a preventable disease had she or he been asked sooner.
Not seeing these indications isn’t always evidence something bad’s going on. However, they can leave you questioning if you were cared for properly. Go to urgent care if you have severe symptoms or believe you’re experiencing a medical emergency. [Attorney/Records.]
Forgotten something?
Write down your health problems and as much as you can remember. These little things you will pick up in time.
Ask for your own medical records. Obtain your doctor’s notes for your visits and discharge instructions, imaging studies, diagnostics, and treatment notes. Make copies of your notes on your care.
Write down the schedule. Make sure to include who you talked to and what that person said, when symptoms started, and when treatment was received. Include the names of hospitals or clinics as well.
List all of your damages in detail. Include treatment, bills, pay stubs, doctor appointment records. Record how the injury impacts your work and daily life.
Seek a second viewpoint. A good provider will talk with you about your health and what kind of care you may require. Your health comes first.
Consult with a medical malpractice lawyer. An attorney can talk with you about the facts and Virginia law to see if a claim may exist.
Make notes that are truthful and honest. Do not fabricate medical records, even guessing at things you do not recall.
Medical Malpractice Law Definition. Fairfax VA
A standard claim begins with a review of the patient’s records and treatment. The lawyer will then consult with medical specialists to see if negligence can be shown on the part of the doctor in failing to provide the proper standard of care. Virginia Law as to the Statute of Limitations for Medical Malpractice. Medical negligence lawsuits may have different bars and deadlines, however the basic statute of limitations for Virginia personal injuries, including all malpractices, is two years under VA Code § 8.01-243. But patients should not wait to seek legal guidance, as other deadlines may apply based on circumstances. Additionally, Virginia Code Section 8.01-581.15 caps awards on total awards in medical malpractice claims: That cap is measured from the date of the act/omission on which the claim is founded; Claims can be for pain and suffering with medical expenditures, lost wages and future care of an injury. Value depends on the circumstances, harm, and law. There are no guaranties of outcome.
What a Fairfax Medical Malpractice Attorney Can Do for You
These scenarios are difficult to prove when you have a case of delayed treatment. Hospitals and insurers can assert that the damage was the result of disease, not the delay. And even disagree on whether the delays would have made a difference. A lawyer will review records, speak with doctors, identify fault, and determine damages from the accident. Imagine. A lawyer can also assist in setting deadlines and developing a fact-based strategy to pursue a claim. Price Benowitz Injury Accident Lawyers LLP is situated in Fairfax, Virginia which is concerned about medical malpractice. Call the company and explore what might be done. If you are in Virginia and planning to hire one, get a Fairfax Medical Malpractice Lawyer who will tell you the guidelines straight out. However, ask about deadlines, what documentation you will need, and fees before doing so. These inquiries can be tough for patients if there was a delay in diagnosis or warning indications. The facts allow you to move on with what happened or what should be done about it.
FAQs
1. Is it malpractice to not see the doctor?
Short answer: The answer is no, concisely. Malpractice is a violation of carelessness norms.
Long answer: For example, usually the patient has to prove that the doctor violated a duty of care and the breach somehow led to the patient being harmed. And again, not all delays are medical malpractice, therefore facts and expert testimony matter.
2. Typical delayed treatment cases?
Short answer: Misdiagnosis of cancer, stroke, infection, or heart disease.
Long answer: A physician failing to respond to symptoms and signals, test results, or changes in the patient’s condition. The patient must demonstrate that the delay caused some kind of injury (or worsened an injury).
3. What kind of evidence may you use to prove a treatment delay?
Short answer: Records, test results, timelines, expert opinions.
Long answer: Records can reveal when the patient started to have symptoms, when the provider was informed that the patient had symptoms, and when treatment was rendered. A good doctor can let you know (1) whether anything should’ve been done sooner and (2) if so whether it would have made any difference (assuming it was “sooner”).
4. What is the time limit for filing a malpractice claim in Virginia?
Short answer: 2 years, but with exceptions.
Long answer: Virginia does have time limits for medical malpractice, but the limits vary, depending on the facts. There can be dangers of delays, therefore you should contact an attorney immediately.
5. My treatment was delayed and I got sicker: Do I have a remedy?
Short answer: If you can prove that you were injured due to the delay and you comply with Virginia laws, then you may.
Long answer: Depending on the circumstances, you may be able to recover from pain and suffering, lost future care, lost pay, and other medical expenses. Depends on the cap, the injuries, and the evidence.
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