Delayed Treatment

In the context of medical care, numerous factors have to combine for a patient to achieve a good outcome. For example, patients must receive prompt treatment for chronic and acute conditions and injuries. Delays in treatment do not constitute mere inconveniences; instead, they lead to irreparable harm in many instances. If you sustained losses because of a doctor’s careless delay in providing you with the treatment you needed, the doctor should be held accountable. The dedicated Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers take pride in aiding people harmed by delayed treatment in the pursuit of justice, and if we represent you, we will fight to help you seek the outcome you deserve. We often represent people in medical malpractice claims in Syracuse as well as in Rochester and other cities in Upstate New York.

While obtaining a timely and accurate diagnosis is essential to maintaining a patient’s health, a diagnosis alone is not sufficient. Rather, many illnesses and conditions also require prompt treatment. For example, people suffering from heart attacks and strokes typically must receive immediate treatment to prevent further harm or issues from occurring. Treatment delays should be avoided in patients who have cancer as well, as they can allow the cancer to spread and eventually become terminal. Numerous chronic ailments, like hypertension, hyperlipidemia, and hypothyroidism, can have devastating consequences if they are not treated in a timely manner. Many acute illnesses need immediate treatment also. For instance, a delay in treating a patient suffering from a treatable illness like pneumonia or meningitis can have a devastating outcome.

People harmed by treatment delays have the right to seek compensation from the providers that caused their harm. Generally, a plaintiff in a medical malpractice case must prove that the defendant committed medical negligence. Under New York law, negligence is comprised of four components, and a plaintiff must establish each component to prevail. In other words, the plaintiff must demonstrate that the defendant owed the plaintiff a duty to offer care in accordance with the good and accepted standard of medical care. This standard is defined as the care that a reasonable practitioner in the same specialty would provide when faced with similar circumstances.

Next, the plaintiff has to prove that the defendant failed to uphold the standard of care by failing to offer timely treatment. In most cases, the assistance of a qualified medical expert is necessary to establish both the applicable standard of care and how the defendant's delay represents a breach.

The plaintiff must also prove that the evidence shows that the defendant’s breach directly led to the plaintiff’s harm. In other words, the harm suffered would not have occurred but for the defendant’s failure to provide treatment that complied with the standard of care. While the defendant’s actions or omissions do not have to be the sole cause of the plaintiff’s injuries, they must be a significant factor in bringing them about. Expert testimony is typically required to prove causation as well.

Plaintiffs who demonstrate that treatment delays caused them to suffer actual harm may be awarded economic and non-economic damages. Economic damages include the cost of current and future care necessitated by the treatment delay, as well as out-of-pocket expenses and lost wages. Non-economic damages encompass may award plaintiffs compensation for intangible harms such as emotional trauma, pain, and mental anguish.

Many diseases and ailments must be treated promptly, and when they are not, the results can be catastrophic. If you suffered harm due to treatment delays, you may be able to recover damages from your doctor, and you should meet with an attorney regarding your possible claims. The trusted Syracuse medical malpractice attorneys of DeFrancisco & Falgiatano Personal Injury Lawyers can assess your harm and aid you in pursuing the maximum damages available under the law. Our primary office is located in Syracuse, and we frequently represent parties harmed by delayed treatment in medical malpractice cases in Syracuse, Rochester, and other locations throughout Upstate New York. You can reach us to set up a confidential and free consultation by calling us at 833-200-2000 or using our online form.