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Archive Monthly Archives: March 2023

Delays in Emergency Department of Hospital: Do I Have a Medical Negligence Claim?

In 2022, concerns regarding significant delays in Emergency Departments of Queensland hospitals was a frequent topic of conversation in the media.[1]

ABC News reported concerning data that more than 6,900 patients spent more than 24-hours in Emergency Departments of Queensland’s biggest hospitals between 1 June and 30 September 2022.[2]

Patients present to the Emergency Department of a Hospital when they need urgent medical care. But what happens if they don’t get treated in time?

If the doctors at the Emergency Department of a Hospital are overrun or inattentive, this may result in mistakes which cause patients to suffer serious consequences for their health and well-being. In such circumstances, a patient may be entitled to bring a claim for medical negligence.

One mistake which may lead to a medical negligence claim is when the Emergency Department at the Hospital fails to appropriately triage a patient, and this causes them to miss out on the urgent medical treatment they need.

Another mistake which may lead to a medical negligence claim is when a doctor misdiagnoses a patient and incorrectly discharges them from the Emergency Department when the patient in fact required urgent medical care.

Some injuries and conditions can only be treated within a limited time frame. For example, if a patient presents with chest pain, they may be suffering from a heart attack which requires urgent care.

Similarly, if a patient presents with swelling in their leg or arm following a trauma incident, they may be suffering from compartment syndrome which requires immediate surgical relief.

Another example would be if a patient presents at an Emergency Department with symptoms such as blurred vision, headaches and slurred speech, they may be suffering from a stroke which must be treated as soon as possible. 

If a patient presents at the Emergency Department with symptoms which indicate they need urgent medical care, failure to appropriately triage them as high priority (i.e. Category 1) and provide prompt treatment may cause the patient to suffer a worse clinical outcome and decreased quality of life. In such circumstances, a patient is likely to be entitled to bring a claim for medical negligence.

Alternatively, if the patient does not require urgent medical care and the delay in treatment does not cause them to suffer a worse clinical outcome, the patient is unlikely to be entitled to bring a claim for medical negligence.

For more information on what damages can be claimed in cases involving misdiagnosis and delayed diagnosis, please click here.

 

[1] See e.g. https://www.abc.net.au/news/2022-11-13/qld-hospitals-thousands-waiting-24-hours-emergency-departments/101648422 and https://www.brisbanetimes.com.au/national/queensland/extreme-pressure-documents-link-deaths-to-qld-ambulance-and-hospital-waits-20220918-p5biz6.html and https://www.theguardian.com/australia-news/2022/may/07/health-system-in-distress-how-ambulance-ramping-became-a-major-problem

[2] https://www.abc.net.au/news/2022-11-13/qld-hospitals-thousands-waiting-24-hours-emergency-departments/101648422


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