Is Failure to Treat Medical Malpractice?

In the relationship between a patient and their doctor, there is usually a lot of trust involved. We rely on a doctor’s expertise and hope medical professionals will follow the rules. It is our right as patients to expect professionalism and a basic level of care from all our medical providers.

Most hospitals have extensive procedures set up to keep patients safe, but there are times when many fail to follow these protocols. If medical professionals do not follow these procedures, the patient’s health suffers – sometimes with severe consequences. If a medical professional has failed to treat you or a loved one, Lopez McHugh medical malpractice attorneys have the experience to help you with your medical malpractice claim.

Medical Malpractice Statistics

In a recent study conducted by Johns Hopkins Hospital, medical malpractice accounted for more than 250,000 deaths each year. This number makes medical malpractice America’s third leading cause of death. Reports in the National Library of Medicine indicate that in any given year, there are between 400,000 and 1.3 million medical errors causing preventable harm to American patients.

These medical errors take a toll of $20 billion a year on the U.S. economy. A patient suffering a permanent disability or certain long-term care from a medical error could potentially recover millions of dollars for a medical professional’s failure to treat or a missed diagnosis. Every case is unique, and financial recovery is based on the circumstances of the claim.

Defining Failure to Treat Medical Malpractice

One of the most catastrophic mistakes a healthcare professional can make is failing to perform the necessary medical procedures that a patient needs. Some of the most common causes for failing to treat a patient include:

• Disregarding patient’s symptoms or complaints
• Failure to take a full patient history
• Failure to consider the proper treatment options
• Failure to consult or refer patients to specialists
• Failure to follow up with the patient
• Improper explanations of risks or benefits associated with treatments, leading to the patient withholding consent
• Improper triage
• Inadequate hospital or facility staffing
• Inadequate patient exams
• Inadequate medical equipment
• Insufficient medications or supplies
• Lack of communication among members of a healthcare team
• Misdiagnosis or delayed diagnosis
• Premature discharge

Defining Failure to Diagnose Medical Malpractice

Instead of failing to treat a condition, there are times when a medical provider does not correctly diagnose a condition. This is known as failure to diagnose. This type of failure can go from a simple ailment to a life-threatening condition.

Some of the most common medical malpractice claims are:

• Failure to diagnose
• Delayed diagnosis
• Misdiagnosis

For failure to diagnose to be considered medical malpractice, the medical professional’s failure to diagnose an illness or an injury must prove to be substandard care. This means the healthcare provider must have failed to meet the acceptable standard of care for a patient to have grounds to seek and recover compensation.

Regarding failure to diagnose, a few examples of failing to meet the acceptable standard of care include:

• Failing to note or pay attention to a patient’s self-reported symptoms
• Failing to order diagnostic tests
• Misdiagnosing a serious condition as something less severe
• Misreading or misanalyzing test or laboratory results

Consequences of a Failure to Treat Medical Malpractice

Devastating circumstances can arise when a healthcare professional fails to perform a medical procedure on a patient or fails to perform a procedure in a timely manner. If the condition is too severe, failure to perform a procedure may lead to a patient’s death.

Even if treatment is eventually performed, if a provider waits too long to administer the procedure or treatment, the treatment may become less effective or not effective at all. This is especially true if the patient’s condition gets worse or progresses to a more advanced stage. As the patient’s condition worsens, they could require more intensive treatment, which is usually riskier and more expensive.

Potential Compensation for Failure to Treat Medical Malpractice

Because of the expense caused by the complications of failure to treat medical malpractice, a patient may need to recover financial compensation for the losses they have suffered. A skilled Philadelphia medical malpractice attorney will fight for the maximum compensation for:

• Additional medical expenses if the condition worsens
• Lost income and earning capacity
• Permanent scarring or disfigurement
• Physical disabilities
• Physical pain and suffering endured due to the lack of treatment
• Reduced life expectancy

If a family loses a loved one due to failure to treat medical malpractice, an experienced lawyer will help them obtain compensation for:

• Burial and funeral expenses
• Loss of financial contributions
• Loss of companionship, society, affection, and guidance

Claims Related to Failure to Treat Medical Malpractice

Failure to treat medical malpractice legal claims can get extremely complicated very quickly. These types of cases often revolve around detailed and technical evidence. Providing this evidence is necessary to prove your healthcare provider’s liability under Pennsylvania’s medical malpractice laws.

Most failure to treat cases will require extensive data collecting and documentation of all treatments or lack thereof. To successfully recover compensation for the harm suffered, a diligent attorney will fight for the patient’s best interests and rights by:

• Collecting all relevant evidence in the case
• Collaborating with nationally recognized medical experts to build a strong, effective argument to support the claim
• Identifying all the parties who should be held liable for the harm and loss suffered
• Documenting injuries and expenses, including future anticipated disabilities and medical needs
• Pursuing maximum financial recovery through a settlement or by taking the case to trial if necessary

The Statute of Limitations for Medical Malpractice Claims in Pennsylvania

Under Pennsylvania law, the statute of limitations for medical malpractice claims in Pennsylvania is typically two years. This timeline begins from the date a patient received negligent care that resulted in a failure to perform treatment. Because of the discovery rule, it could instead extend to two years from the date a patient discovered, or should have discovered, they were harmed by their healthcare provider’s negligence.

If a patient is pursuing a claim against a public healthcare provider, the notice requirements may be shorter. Just like all the aspects of these types of cases, the statute of limitations can also be a complex web of laws and regulations. The best course of action for anyone thinking about pursuing a medical malpractice claim is to reach out for representation as soon as possible to learn exactly how long they must file their claim.

Contact a Medical Malpractice Attorney Today

Unfortunately, hospitals and healthcare providers have a lot of practice fighting medical malpractice lawsuits and minimizing their damages, but with more than 50 years of combined experience, the team at Lopez McHugh LLP has the skills and dedication to advocate for patient safety and hold negligent medical professionals accountable.

If you or a loved one has a medical malpractice case, you may be entitled to recover compensation. These cases often involve the negligence of medical professionals resulting in necessary medical procedures not being performed or not performed in a timely manner.

This negligence may include your treating physician, or it could include:

• Physician’s assistants
• Nurses
• Lab and radiology technicians
• Physical therapists

The hospital or other healthcare facilities may also be liable for their staff’s negligence, resulting in the failure to perform a necessary medical procedure. Time is of the essence, so do not delay speaking to the Philadelphia failure to treat attorneys at Lopez McHugh. Contact us today, and we will begin to investigate your case, start a claim, and pursue accountability and justice for the medical harm you suffered.