People who present to emergency departments are often suffering from critical issues that need to be addressed promptly. In some instances, a delay in treatment can drastically affect a person’s outcome and may give rise to medical malpractice claims. This was demonstrated recently in a New York opinion in which the court ruled that there was a material issue of fact as to whether the defendant’s delay in offering care caused the plaintiff’s harm. If you were hurt by a negligent physician, you might be able to pursue compensation via a medical malpractice claim, and it is in your best interest to speak to a Syracuse medical malpractice lawyer.
The Facts of the Case
It is alleged that the plaintiff presented to the emergency department of the defendant hospital with a stated complaint of testicular torsion. Approximately an hour and a half after his arrival, he underwent an ultrasound which confirmed the diagnosis. He did not undergo surgery until two hours later, however. His testicle was detorsed, but it did not show any signs of viability; as such, it was removed. The defendant subsequently filed a medical malpractice claim against the defendant, alleging the delays in treatment worsened his likelihood of a good outcome. The defendant moved for summary judgment, but the court denied its motion. The defendant appealed.
Establishing Liability for Treatment Delays
Upon review, the appellate court affirmed the denial of the defendant’s motion. Specifically, it stated that triable issues of fact existed as to whether the defendant departed from the standard of care in treating the plaintiff’s testicular torsion. Further, the court stated that there was a factual dispute as to whether any alleged deviation from the standard of care worsened the plaintiff’s prognosis. Continue reading