We have had many clients contact our firm when the VA or military has delayed treatment in some way. An example of this is when you go to the ER with breathing difficulties, and the ER doctor sends you home with an antibiotic, but a CT is warranted. Then you have to return the next day demanding a chest CT because your symptoms worsened. The VA most likely delayed treatment and breached the standard of care. The question becomes whether the delayed treatment caused the undesired end result like death or more severe damage to the lungs. This can get a little murky and make the case hard to win.
We had a case like the above, but the client had been treated for neck cancer 2 years prior to going to the ER, and the undesired end result stated that he died from cancer. We had to tell the client that even though the VA may have breached the standard of care by not treating the client with a CT, the VA did not cause the death from cancer. This is difficult news to tell clients especially when they have lost a loved one that received poor care from a medical facility.
The Necessity of Expert Testimony
In almost all cases, expert testimony is required to prove delayed treatment. A qualified expert in the particular medical discipline must give testimony as to how a reasonably competent doctor would have treated the patient properly and without delay. If it can be established by the patient (and his or her legal team) that the original doctor breached the standard of care, then a case for malpractice can be established. If, for example, it can be stated unequivocally that a reasonable doctor would have diagnosed the problem within 48 hours, but the defendant doctor neglected to recheck the patient for 2 weeks after the initial examination and did not run any other tests, he or she can be sued for malpractice.
Proving Harm Resulting from Negligence
Doctors, like everyone else, make mistakes. Patients trying to prove medical malpractice must prove that the doctor’s negligence has caused foreseeable harm, such as:
- Pain and suffering
- Medical bills
- Loss of earning capacity
- Loss of capacity for enjoyment
It is not enough to show that the patient experienced any of these problems; it must be shown that the delayed treatment was responsible for the negative effects.
If you or a loved one has experienced a delay in obtaining a proper treatment and has suffered physical pain, emotional trauma, and/or financial loss as a result, you should contact Balkcom Law Firm, PLLC to discuss your options.