In Oklahoma City, the team at Johnson & Biscone has spent decades helping people navigate complex medical malpractice cases, including those involving emergency room delays.
When Do Delays Become Negligent?
Oklahoma law allows individuals to pursue medical malpractice claims when negligence leads to harm. However, these cases can be challenging to prove without legal expertise. Negligence could include inadequate staffing, failure to prioritize critical cases or miscommunication that results in improper care.
A successful claim typically requires demonstrating that the medical staff or facility failed to meet the standard of care and that this failure directly caused harm. Working with knowledgeable attorneys can help uncover evidence and determine liability.
Examples of Emergency Room Negligence
Not all delays in the ER amount to malpractice. To qualify as malpractice, the delay must result from negligence, such as understaffing, miscommunication or improper triage.
For example: a patient showing clear signs of a heart attack – chest pain, shortness of breath and sweating – is not triaged properly and left waiting for hours. If the delay causes permanent heart damage or death, it may be considered malpractice because the delay was preventable and directly led to harm.
On the other hand, delays caused by external circumstances, such as a natural disaster or widespread emergency typically wouldn’t count as negligence. In these cases, the delay must result in measurable harm, whether through worsened outcomes or additional medical expenses.
What Evidence Do You Need?
To build a strong case, patients should gather documentation such as:
- Detailed medical records
- Timelines of the delay and subsequent harm
- Testimonies from medical experts
Consulting with one of our experienced attorneys will help determine whether your case meets the legal requirements for malpractice.
Speak with Johnson & Biscone Today
We understand how overwhelming it can feel when healthcare fails you during critical moments. That’s why our team is here to fight for your rights. If you or a loved one has been harmed due to an emergency room delay, legal action can help hold healthcare providers accountable.
Don’t wait—delays in seeking legal advice could affect your case. Call 405-232-6490 for a free consultation today.
