You’ve probably seen social media posts about long emergency room wait times at New York hospitals. Overcrowding is not a new issue in emergency departments (ED). Some waiting is inevitable due to high patient volumes and triage procedures, but excessive delays can lead to devastating or even fatal consequences.
If your medical condition worsens after waiting hours for treatment, can you sue the hospital for damages?
When long wait times become medical malpractice
New York law allows patients to file medical malpractice claims for unreasonable treatment delays—which may include extended emergency room stays. The key lies in proving the wait time fell below accepted medical standards and directly caused you harm.
Remember, healthcare facilities must provide timely care based on the severity of your condition. A delay that leads to complications, worsening symptoms or permanent damage may qualify as negligence under state law.
Proving you have a medical malpractice case
There are four key elements of a medical malpractice case. To prove medical malpractice from ED delays, you need to show that:
- The hospital had a duty to provide care
- Your healthcare provider failed to follow accepted care standards
- The delay directly caused your injury or harm
- You suffered financial, physical or emotional damages from your injuries
Remember, not every ED delay gives you cause to file a malpractice case. A situation where you may file a lawsuit is if your healthcare providers fail to recognize obvious symptoms of a time-critical condition, like a stroke or heart attack.
Ensuring accountability for negligent and extended delays
Building a strong medical malpractice case requires extensive documentation and medical expertise. The burden of proof falls on you to prove the ER wait time crossed the line into negligence. Medical records and witness statements are a huge help.
Consulting an experienced New York medical malpractice attorney can help ease your burden and let you focus on your recovery. They can evaluate your case, gather crucial evidence and advocate for your rights for fair compensation.