Do I have a case regarding delayed medical treatment?

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Do I have a case regarding delayed medical treatment?

I am ex-military and I had a torn biceps muscle due to a previous surgery. I was seen at a military hospital, however it took 3 months to get the surgery done even though I contacted them with concern on how long it was taking. When I had the surgery, the surgeon was not able to repair it because the tendon was gone and

the muscle was dead. Now I have no biceps muscle on my right arm.

Asked on January 6, 2019 under Malpractice Law

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The issue, did the delay cause you more injury or a worse outcome and, if so, how much? Or would the outcome have been the same even if you'd been treated promptly? For delayed treatment, the law only provides compensation for the degree to which the delay provably (i.e. by medical evidence) harmed you. If the delay can be shown to have harmed you to a significant degree, you would have a viable or worthwhile case; otherwise, you would not.


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