Failure to Treat Lawyers in Beaufort County, SC

Lawsuits When Medical Malpractice Prevents Treatment

Medical providers bear a critical and continuous professional duty to deliver appropriate and timely treatment to the correct patient, which includes rendering an accurate diagnosis and treatment. A breach of this duty, such as a failure to properly treat a patient, leading to worsened health conditions, may provide grounds for pursuing a medical malpractice claim.

Bauer & Metro, P.C. takes pride in representing injured patients in Beaufort County, including those harmed due to inadequate medical care. Whether your condition worsened, a new medical condition developed, or you suffered the loss of a loved one due to a "failure to treat" error, we are here to help you evaluate your legal options and seek the justice you deserve. 

Call (843) 920-2844 to talk to our medical malpractice attorneys about your failure to treat claim during a free consultation.

Failure to Treat Compared to Failure to Diagnose

Failure to Diagnose: Should the medical provider fail to accurately diagnose the patient's condition, whether through omission, diagnostic errors, or inadequate assessment, the provider shall be held responsible for the resulting harm, deterioration, or adverse outcomes experienced by the patient. This includes but is not limited to cases where such failure prevents timely and appropriate intervention that could have mitigated the patient's suffering.

Failure to Treat: In situations where the medical provider correctly identifies or diagnoses the patient's condition but fails to apply the appropriate treatment regimen, either through neglect, error in judgment, or misapplication of clinical protocols, the provider shall bear liability for any resulting harm, worsening of the condition, or further complications experienced by the patient. This provision covers cases where an alternative treatment or standard of care was readily available and could have reasonably mitigated the injury.

Causal Connection: The plaintiff must demonstrate a causal connection between the medical provider's failure to diagnose or failure to treat and the harm suffered. Adequate evidence must be presented showing the provider's actions or omissions directly contributed to or exacerbated the patient's injuries or condition.

Standards of Care: All evaluations relating to failures in diagnosis or treatment shall be measured against the established professional standards of care within the geographic location and field of specialty applicable to the medical provider at the time the errors occurred. 

Damages: The medical provider shall be liable for compensatory damages that arise directly from the failure to diagnose or treat, including medical expenses, loss of income, pain and suffering, and any additional losses caused by the provider’s mistake.

Legal Remedies: In cases of proven liability for failure to diagnose or treat, the affected patient or their legal representative shall be entitled to pursue legal remedies, including monetary compensation, injunctive relief, and any other legal measures deemed appropriate to address the harm suffered.

Failure to Treat Examples

Medical Provider Liability for Judgment Errors: Any medical provider, doctor, or physician has the potential to commit a serious judgment error during the course of treating a patient. Such errors, even when seemingly minor, may result in significant consequences, including but not limited to, the failure to properly treat a condition, which in turn can exacerbate existing health issues or lead to additional complications. Furthermore, the likelihood of such errors may increase in instances where the medical provider is required to manage or attend to a disproportionately large number of patients, thereby reducing the level of attention or care afforded to each individual patient. All parties acknowledge the potential for judgment errors under such circumstances, which may necessitate greater scrutiny and diligence when managing patient care.

Examples of failure to treat mistakes include:

• Not providing any medical treatment at all
• Not referring the patient to a specialist for correct treatment
• Failing to monitor a patient’s known medical condition
• Failing to perform additional diagnostic tests to check for new related conditions
• Failing to inform the patient about treatment options
• Failing to treat specific symptoms of a known medical condition
• Failing to update the patient about their condition
• Refusing to provide emergency medical care because the patient had no insurance

When is Failure to Treat Considered Medical Malpractice?

Not all instances of a “failure to treat” error will constitute medical malpractice. Medical providers can sometimes miss details, and bad outcomes are always a risk, no matter how carefully a medical expert acts. For these reasons, failure to treat usually only escalates to medical malpractice under certain circumstances.

The failure to treat mistake in your case could constitute medical malpractice if:

• The medical provider owed you a duty of care, such as through a doctor-patient relationship.
• The medical provider deviated from the accepted standard of care; would another reasonable medical provider likely have avoided making the same failure to treat mistake in a similar situation?
• The deviation from the accepted standard of care caused you to suffer an injury, including the worsening of your current medical condition.
• The injury you suffered resulted in appreciable economic or non-economic damages.

Perhaps the most important question is whether the medical provider deviated from acceptable standards of medical care when failing to treat your condition. For example, if you were showing symptoms of an injury or illness but were sent home without any treatment, a deviation likely occurred because the average medical provider would have at least wanted to perform a quick checkup to identify the problem.

File a Lawsuit with Our Help – Call Now

If you or a loved one have suffered harm due to a medical provider’s failure to properly diagnose or provide treatment, we understand the overwhelming challenges you may be facing. At [Placeholder: Business Name] in Beaufort County, we are here to guide you through the legal process with compassion and dedication, advocating for the justice and compensation you deserve. Let us shoulder the responsibility of engaging with medical institutions and insurance companies on your behalf, so you can focus on yourself, your recovery, and your family. Your well-being remains our priority as we work tirelessly to support you every step of the way.

Contact us online today to request a free case evaluation about your medical malpractice claim. You can also dial (843) 920-2844 if you prefer.