Delayed medical treatment is an issue that impacts many people who attend appointments each year but fail to receive the care they need. When a physician or other medical provider recommends monitoring the condition but takes no active steps to provide care, it is reasonable to wonder what your legal options are. 

Delayed Medical Treatment: What is it and How Can it Impact You?

When a person needs medical treatment, but the necessary care is delayed or postponed for an unreasonable period, this is known as delayed medical treatment. Unfortunately, delayed medical treatment occurs at all stages of healthcare. Medication problems, missed or delayed diagnoses, and even surgical delays are major issues that impact the well-being of West Virginians. 

Medical care that fails to meet a reasonable standard for efficiency and accuracy is negligent. Whether the cause of the medical negligence was short staffing, physician error, or administrative problems, it still counts as negligence. A doctor, nurse, hospital, or clinic can still be held responsible for medical negligence related to delayed treatment or diagnosis. 

What Can Go Wrong as a Result of Delayed Treatment?

There are wide-ranging consequences related to delayed medical treatment. When you or a family member seeks medical care, it is usually because a symptom has come to your attention. When that symptom is not properly addressed, some of the most common impacts are increased pain, a worsening of your underlying medical condition, and the risk of an acute issue becoming chronic.

An experienced West Virginia medical malpractice lawyer, Crim Law PLLC, understands that conditions such as cancer, strokes, and heart attacks are among the most serious conditions where symptoms can worsen if not properly diagnosed and treated. 

Every situation impacted by delayed medical treatment is unique. When a condition, impairment, or symptom becomes chronic, that is when most medical malpractice lawsuits are filed. If you have questions about filing a lawsuit or are unsure where to begin, contact our team of legal professionals today. We provide information in free consultations based on your specific circumstances. 

Determining the Potential Strength of Your Medical Malpractice Case

When you suffer harm as a result of delayed medical treatment, it can certainly rise to the level of medical malpractice. Again, the nurse, doctor, or hospital where you were treated may have contributed to the negligence in their own way. 

Distinguishing between medical neglect and a delay in treatment that does not rise to the level of negligence can be complicated. Determining the strength of your medical malpractice claim is part of what a West Virginia medical malpractice lawyer can provide for you and your family. 

Before making plans to file a lawsuit or initiate an insurance claim, consider the following key attributes of a medical malpractice claim and whether they are present in your circumstances. 

What is the Relationship Between You and the Medical Provider?

There must be a formal relationship between you and the medical provider in question for a medical malpractice lawsuit to be successful. The basis of this kind of relationship is found in your agreeing to the doctor or hospital providing care related to a medical issue. 

A doctor, hospital, or other medical provider has a duty under West Virginia law to treat your condition with a certain diligence or care. A breach of that duty of care is a critical step towards establishing that your potential medical malpractice case has merit. 

Did the Medical Provider Fail to Provide a Reasonable Level of Care?

This is a focus of a West Virginia medical malpractice case. Did the medical provider fail to provide you with a reasonable level of care? In other words, did the doctor or hospital provide you with care that was less proficient than what a similarly situated medical professional would have provided? 

In most medical malpractice cases, an expert witness will need to be brought into your case to provide testimony regarding this subject. A jury, assuming your case makes it all the way to a trial, needs assistance in determining what the standard of care is for your particular medical provider. 

The medical expert plays a key role in being able to help the fact-finder (often a jury) understand what is and is not expected of a medical provider in a circumstance like yours. Expect that the hospital or physician will have their own medical expert ready to provide contradictory testimony regarding the appropriate standard of care. 

Did the Medical Professional Cause the Injury or Harm Being Complained Of?

Delayed medical treatment must have led to a particular harm or injury for you to be able to proceed with a medical malpractice case. Did the delay in care cause the harm or injury that you suffered- or make it worse? Typically, expert testimony and medical records are used to prove causation. 

What Damages Were Suffered as a Result of the Delayed Treatment?

Finally, you must be able to show that the harm suffered was tangible in some way. Medical treatment necessary due to the delay in treatment should be provided to a judge or jury, along with medical bills. Pain and suffering, as well as lost wages, are other types of damages that can be alleged in a medical malpractice case. An attorney helps you build your case and prepare the evidence necessary to prove each element in front of a judge or jury.

Contact Crim Law, PLLC for a free medical malpractice consultation

The skilled legal team at Crim Law, PLLC, focuses on medical malpractice law in West Virginia. We take seriously our responsibility to serve our clients after they have suffered harm due to a medical provider’s negligence. For a free consultation, please contact our office today. Learn more about your case and receive individualized feedback about your particular circumstances by reaching out to our office.