Do I have a case regarding delayed medical treatment?

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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