Who Is Responsible for Delayed Medical Treatment?
Prompt, correct, and thorough treatment of an illness or injury is important to a patient's healing and recovery. Doctors, nurses, emergency room staff, emergency medical technicians (EMTs), other medical professionals, and hospitals have a duty to timely diagnose and treat patients in their care. Failure to do this can result in prolonged illness, permanent injury, and death.
If you or a family member has suffered due to delayed medical treatment, you may be able to file a New York medical malpractice claim. Doctors, hospitals, and other medical professionals carry medical malpractice insurance to arm themselves against such claims. To get the settlement you deserve, you'll need the representation of a seasoned medical malpractice attorney.
Wingate, Russotti, Shapiro, Moses & Halperin, LLP has successfully represented injury victims for over 50 years. We're passionate in our mission to defend the rights of people who have suffered because of a medical professional or hospital's error and neglect. Call us at (212) 986-7353 to schedule a free consultation.
WRSMH Judgments for Delayed Medical Treatment Claims
The firm has won its clients many large medical malpractice claims. This includes $10.7 million for delayed treatment for a delayed CT-scan that resulted in paralysis and $4.5 million for failure to diagnose a case of appendicitis. Click on the links for more information on each case:
- CT Scan Delayed Treatment - $10.7 Million Verdict
- Failure to Diagnose Appendicitis - $4.5 Million Settlement
Proving Delayed Diagnosis or Misdiagnosis in NY
Delayed diagnosis or misdiagnosis are what usually lead to delayed medical treatment, incorrect medical treatment, or no medical treatment at all. New York law does not hold hospitals and medical professionals legally responsible for diagnostic errors, but injured patients may these errors as a basis for a civil medical malpractice claim. For a successful medical malpractice claim, a patient's lawyers must prove the following three things:
- That a doctor (any medical professional)-patient relationship did, indeed, exist.
- That the doctor or medical professional was, indeed, negligent: meaning that they did not provide treatment in a reasonably competent and manner.
- This negligence was what caused the patient's injury or death.
Delayed Treatment in New York Emergency Rooms
It's not shocking that the rate of misdiagnosis and delayed treatment is higher in emergency settings, such as EMT initial responses and emergency rooms. Patients in these situations are usually in duress and often fighting life threatening symptoms. This can often lead to a medical professional's rush to judgment or not noticing a symptom because they were treating another.
Another reason for delayed treatment in emergency rooms is overcrowding. This often occurs when there's been some sort of disaster or accident that injures many people at the same time in one area. Hospitals have a duty to make sure they have a reasonable amount of staff on hand to handle such situations.
Contact an Experienced NYC Attorney
If you have suffered injury or lost a loved one due to delayed medical treatment, the time to act is now. Call a New York personal injury lawyer at Wingate, Russotti, Shapiro, Moses & Halperin, LLP today at (212) 986-7353.
NY Delayed Medical Treatment Verdicts & Settlements
$10.7 Million - Delayed Treatment - Paralysis Due To Brain Herniation
$8.5 Million - Delay in Surgery
$4.5 Million - Failure to Diagnose Appendicitis
$1.55 Million - Delay in the Diagnosis and Treatment of Eye Infection
$1.3 Million - Delayed Cancer Treatment
$1 Million - Alleged Delay in Diagnosis and Treatment of Appendicitis