When someone is suffering from a health condition that requires surgery, it is critical that the procedure is performed in a timely manner. While most doctors can be trusted to diagnose and treat conditions promptly—including scheduling necessary surgeries—this is not always the case. When surgery is delayed, the consequences can be severe and sometimes life-threatening.
If you have been harmed by a delay in medical treatment, including a postponed procedure, a Charlottesville delayed surgery lawyer at MichieHamlett can help. Reach out to our experienced surgical errors attorneys today to learn more about your legal options.
The consequences of any type of delay in medical treatment, particularly a delayed surgery, can be tragic. When a surgery is delayed, a patient does not receive the care that they need, which can exacerbate a current condition or lead to additional complications. For example, the failure to get a surgery could lead to heart failure; may result in the spreading of cancer to the point where the cancer is untreatable and fatal; or could result in a patient suffering pain for a longer amount of time than they would have otherwise.
In addition to a delay in surgery, sometimes the delay is because the patient has been misdiagnosed. As such, the patient may undergo treatment for the wrong condition, which may be invasive, expensive, and physically and emotionally draining for the patient.
A surgery may be delayed for numerous reasons, some of which may be based on logistics (i.e., working with an insurance company to approve coverage), and some of which may be because of medical malpractice – a health professional’s failure to exercise the medical standard of care owed to a patient. Reasons for a delayed surgery might include:
If you have been the victim of a delayed surgery and the delay has led to harm that you otherwise would not have suffered–such as the exacerbation of your condition–you may have a medical malpractice claim. In addition to proving damages, you’ll also need to prove that the doctor or healthcare professional in question breached the standard of care owed to you. The medical standard of care is the same degree of care that another medical professional of similar background and training would demonstrate in the same situation. In order to prove that the medical standard of care was breached, the testimony of an expert witness (a practitioner in the same field) must be submitted.
If you are the victim of a delayed surgery, a Charlottesville delayed surgery lawyer at MichieHamlett can help. Contact us today to schedule a free consultation and receive a clear explanation of your legal rights.
