A significant number of medical malpractices arise from delayed diagnosis or treatment of an illness, injury or other medical condition. The delay can worsen a patient’s condition or even lead to death. Ever wondered what to do when your doctor is negligent. You can sue them. Patients or their family member can sue a medical practitioner (Doctor, nurse, dentist, gynecologist, etc.) for delaying diagnosis or treatment.
The failure by a healthcare provider to avail timely care can tantamount to medical malpractice. However, proving a case of medical malpractice arising from delayed treatment is often a challenge. However, there are a number of medical malpractices won, meaning you can bring a successful lawsuit against your doctor or hospital. You will need to prove a few things to file a successful case in court.
Prove the delay amounted to negligence
The initial step is to prove that the practitioner’s delay to avail proper care aggregates to medical negligence. The complainant must prove that the doctor’s (defendant) treatment was below compared against what a competent physician would or would have not done under same circumstances. Proving negligence normally requires a medical expert to testify on the correct course of treatment that the defendant should have provided. The expert should also explain how the doctor failed according to the standards of medical practice.
Prove the delay lead to damages
The second thing is to prove that the delay to avail medical care caused harm. Suing a doctor for medical malpractice goes beyond proving the occurrence of negligence. The complainant must prove that the delay caused harm. The complainant must show the delay caused damage and the degree of damage. This usually requires the testimony of a competent medical practitioner to prove the damage. Delay to provide care may
l Worsen the condition
l Hindered the possibility of administering certain treatment
l Hampered the effectiveness of certain treatment
l Prolonged or intensify pain and discomfort.
Work with the right attorney
Medical malpractice lawsuits are complex and hard to prove. You will need to work with a lawyer who has experience in medical malpractice suits. Aside from experience these lawyers have medical experts available to help with potential cases. The lawyer and the medical expert will assess the facts of the suit and ascertain that all legal and medical requirements are present to help pursue a successful medical malpractice suit.