Medical Malpractice and Delayed Treatment By Sean Burke on June 16, 2023

Hospital patientMedical professionals hold a person’s health and well-being in their hands. Patients should be able to trust that the care they receive from one provider meets the accepted standard or that which would be provided by a similarly trained medical professional presented with the same set of circumstances.

When a medical provider neglects their duty of care and the patient suffers, they can file a medical malpractice claim. One of the most common types of claims is medical malpractice involving delayed treatment. Medical malpractice attorney Sean M. Burke works with individuals in the Irvine, CA, area to hold liable parties accountable for medical malpractice damages related to delayed treatment.

What Is Delayed Treatment?

Delayed treatment refers to any situation in which a patient fails to receive a form of medical treatment within the reasonable timeframe it should be delivered. Examples of delayed treatment include:

  • Failing to provide surgery, treatment, or therapy in a reasonable time
  • Failing to order diagnostic tests or lab tests in a reasonable time
  • Failing to schedule an initial appointment or consult in a timely manner
  • Failing to schedule a follow-up appointment in a timely manner

Can Medical Professionals Be Liable for Damages Related to Delayed Treatment?

Yes, medical professionals can be held liable for damages related to delayed treatment, provided the patient (the plaintiff) can establish the four elements of a medical malpractice claim:

  1. The medical professional (the defendant) had a doctor-patient relationship with the plaintiff
  2. The defendant breached their duty of care by failing to provide the accepted standard of care (for delayed treatment cases, the plaintiff must establish the patient failed to receive care in a timeframe that could reasonably be expected from similarly trained medical professionals)
  3. The breach of duty of care caused injury or illness to the plaintiff
  4. The plaintiff suffered physical, emotional, and financial damages as a result of medical malpractice

Attorney Sean M. Burke works with investigators to gather evidence to prove medical malpractice for his Irvine clients. Evidence in a medical malpractice case usually includes medical records and expert witness testimony from individuals in the medical field.

Consequences of Delayed Treatment

Delayed medical treatment can have serious consequences for the patient. Failure to provide prompt treatment may result in:

  • Worsening illness or injury
  • Need for continued medical treatment
  • Prolonged pain and suffering
  • Need for emergency surgery

Potential Damages in a Medical Malpractice Case

Patients who suffer losses as a result of delayed treatment have the right to hold liable parties accountable for the physical, emotional, and financial damages related to medical malpractice. Depending on the losses suffered by our Irvine clients, we may pursue the following damages in a medical malpractice case:

  • Medical costs
  • Anticipated future medical expenses
  • Lost wages
  • Diminished wage-earning capacity
  • Physical and emotional suffering

Contact Us

If you or a loved one has suffered worsening illness or injuries because a medical provider delayed treatment, you may have grounds to file a medical malpractice claim. To discuss the details of your case with attorney Sean M. Burke, contact our law firm online and request a legal consultation as soon as possible.

Related to This

Social Accounts Sprite