Waited too long in the Emergency Department? Know your rights in our health system

It can be scary and uncertain to sit in an emergency department waiting room, watching the clock tick as your discomfort grows. Whether it’s severe pain, an injured child, or frightening unfamiliar symptoms, those hours can feel like an eternity. But if an unreasonable delay in getting assessed and treated results in a major worsening of your condition, what can you actually do about it? What rights do you have when you feel the length of the wait caused further injury or complication to your health? 

First things first – you have rights in our healthcare system, even when the emergency department is under pressure. Emergency departments, like all health care providers, must provide reasonable healthcare within a reasonable timeframe to those who need it.  This means that they need to assess you to triage the urgency of your case, and ultimately provide treatment which meets a reasonable standard of care in all of the circumstances.

Emergency departments do use a triage system, prioritising patients based on the severity and urgency of their condition, not their arrival time. This means that someone who arrives after you might be seen before you if their condition is more urgent. Emergency departments save lives every day, often under immense pressure. Staff shortages, high patient volumes, and limited resources can create challenges for even the most dedicated healthcare teams. The triage system is designed to ensure those in immediate danger receive care first. 

Get expert advice on your ED experience 

However, this doesn’t mean you should accept poor care or feel your concerns don’t matter. The healthcare system exists to address patients’ urgent health care needs, and your feedback helps improve it for everyone.  If you feel you have been injured because of an appropriately long wait time, you may be entitled to compensation. 

Contact the expert team at MEJ through their free claim check service to determine if you have a case, or call them on (02) 6257 2999.