When Can You Sue for Delayed Treatment?

Suing for delayed treatment means that you and your attorney medical malpractice claim against your provider for unreasonably delaying your care. Their negligence becomes a factor in a lawsuit when your condition worsens or causes you additional harm.

These claims must be substantiated with proof, and these complex matters are best handled by an experienced lawyer who can show a breach of the standard of care. So, keep reading to learn more about when you can sue for delayed treatment from award-winning personal injury attorneys at Lowenthal & Abrams, PC.

What Are the Key Principles of a Delayed Treatment Claim?

There are four key principles to every successful delayed treatment claim, starting with breach of duty. You must prove that your healthcare provider failed to meet the accepted standard of care that a reasonably competent professional would have provided. Causation is also vital to your case, and that legal term refers to the fact that their delay directly leads to a worse outcome, such as disease progression, irreversible damage, or a more complicated treatment protocol.

Another essential component of every successful delayed treatment claim, unfortunately, is damages. Your attorney will show the insurance adjuster or the court that you suffered tangible harm, such as pain, emotional distress, increased medical costs, and/or a loss of income. The final factor in these matters is negligence. Your lawyer must prove that the delayed treatment was not unavoidable, but resulted from things like a misdiagnosis, poor communication, or failure to follow up.

What Are Some Common Examples of When You Can Sue?

There are many scenarios when you can have a reason to bring forward a lawsuit for delayed treatment, and many of them start in the emergency room. If your ER doctor left a patient with heart attack symptoms, for example, or delayed a necessary C-section in childbirth, you may have a valid claim.

Failing to diagnose cancer, typically through scans and biopsies, is also common, and a delay in treatment can allow it to progress to advanced stages. Additional examples of delays that can lead to a legal claim are missing signs of a serious infection, failing to recognize the symptoms of a stroke, delays in treating fractures, and prescribing the wrong drugs or dosages.

Discuss Suing for Delayed Treatment With the Help of Our Malpractice Attorneys

At Lowenthal & Abrams, PC, we have served as Philadelphia’s top personal injury attorneys for more than 50 years and won millions for clients just like you. Our skilled legal team will work tirelessly to ensure your delayed treatment claims result in the best possible outcome for you and your loved ones, because we are highly experienced in all kinds of medical malpractice lawsuits.

With our contingency fee program, you will have zero out-of-pocket costs, so do not wait to reach out and discuss your case with a team member.