We know that New York medical malpractice is generally when a healthcare provider makes a mistake during the care and treatment of a patient, such as an act of negligence. But did you know that a hospital healthcare provider can be liable for not doing anything?
It is true! A healthcare provider can be liable for doing nothing at all!
This is particularly true in a hospital emergency room or emergency department. When a patient comes in to the emergency room, he or she expects to be treated immediately. This is because most people that go to the emergency room are indeed in need of immediate care or treatment. Usually they are in a medical emergency and need treatment right away. Other times they are brought in by an EMS or ambulance which is bringing them in for immediate treatment.
But emergency rooms are very busy places and have a finite amount of resources, which can make immediate treatment impossible sometimes—right?
An emergency department works by reviewing every patient that comes in and assigning a level of care, known as triage. It is extremely rare for an emergency room to have all high-priority treatment and patients all at once. There are nurses and doctors who can be pulled in to help assist with a particularly crazy emergency room too.
When a patient comes in with a very serious condition, he or she needs to be treated right away. If there is no immediate treatment, the hospital and the staff will be liable.
Under New York law, medical malpractice is not just a negligence act. Negligence also includes an omission. In this case, the omission would be the proper care of the patient who is in need of immediate assistance.
If you go to the emergency room for immediate treatment, don’t get it, and then suffer irreparable harm due to the delay in treatment, shouldn’t you be able to be compensated for your losses and damages?
Absolutely! And this is why the law allows a victim to be compensated for a negligent omission just as well as a negligence act.
But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected] You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.