The
Standards of Care under which the medical community
functions mandate that a patient receive correct treatment
on a timely basis. Failure to render such care promptly
may represent a breach of such standards, and, as such constitute
medical negligence (malpractice).
If treatment
of a medical condition is delayed or incorrect (contraindicated),
the condition may worsen; sometimes to a point where it
cannot be treated properly, causing the death of a patient,
or leaving them with a permanent injury. Delayed or incorrect
treatment of certain cancers, may significantly reduce a
patient’s responsiveness to treatment, affect the
possibility of recurrences and spread, and, may reduce their
chance of survival (also see: Cancers.htm)
Delays
in treatment or contraindicated treatment may also expose
a person to incorrect and unnecessary treatment or tests,
which may have harmful effects.
In an
emergency room setting, or at the scene of an accident,
the first hour after trauma or a medical event is known
as “the golden hour”. It is widely believed
that during this hour, the efficacy of treatment is greatly
enhanced., depending of course upon the level of trauma
or the patient’s condition from which they suffer
(e.g., stroke or heart attack). If treatment is delayed,
the likelihood that it will be ineffective, or not as effective,
will increase over time. Essentially, it is an accepted
premise, that the sooner the treatment commences, the better
the prognosis and outcome. Delays in treatment may constitute
malpractice.
Contraindicated
or incorrect treatment in light of a correct and clear diagnosis
may constitute medical malpractice. However, just because
a healthcare provider chose a mode of treatment which was
not effective, does not mean he or she committed malpractice.
The choices made by the healthcare professional need to
have been outside of the standards of care discussed above;
and such choices must have resulted in a patient suffering
an injury of some permanency in order for monetary damages
to be credibly pursued.
Blume
Goldfaden attorneys and medical staff have the experience
and expertise to determine if a patient’s treatment
was delayed or incorrect, and if such malpractice resulted
in an injury for which damages may be recovered. Call us
for an evaluation at no cost to you.