Failure to Treat

closeup of a doctor examining a patient's x-ray chart

When a medical professional identifies a health issue but fails to take appropriate steps to treat it, the consequences can be devastating for the patient. These scenarios, known as Failure to Treat cases, occur when healthcare providers fail to deliver proper or timely care despite having made the correct diagnosis. If you or a loved one has suffered harm due to a healthcare provider’s failure to treat, Legal Help in Colorado is here to help you understand your rights and explore your legal options. A skilled failure-to-treat lawyer can guide you through the complexities of medical malpractice and help you hold negligent providers accountable.

Unlike misdiagnosis or failure to diagnose, this malpractice occurs after the correct medical issue has been identified. The harm results from inaction, neglect, or substandard care that does not meet the accepted standard of care in the medical community. 

Failure to treat can happen in various medical settings, including hospitals, urgent care centers, and private practices. It often leads to delayed recovery, worsening conditions, or even fatal outcomes.

Examples of Failure to Treat

Here are some common examples of failure to treat in medical malpractice cases:

1. Premature Discharge

Patients discharged from a hospital too early may not have received adequate care or monitoring. For example, if a patient showing signs of infection is sent home prematurely, the condition may worsen without proper medical intervention.

2. Lack of Follow-Up Care

Doctors and nurses are responsible for ensuring patients receive appropriate follow-up care. This might include scheduling additional tests, coordinating with specialists, or providing clear instructions for ongoing treatment. Failure to arrange necessary follow-up can lead to deteriorating health.

3. Failure to Act on Test Results

When diagnostic tests reveal alarming results, healthcare providers must take swift action. Ignoring or delaying treatment based on critical test findings can have life-threatening consequences.

4. Ignoring Patient Complaints

If a patient reports ongoing or worsening symptoms, healthcare providers must address them promptly. Dismissing or downplaying these complaints can lead to missed opportunities for timely intervention.

5. Inadequate Monitoring During Hospitalization

Patients admitted to hospitals often require close monitoring to track their progress or detect complications. Failure to monitor a patient adequately can result in serious health complications that could have been prevented.

Common Conditions Worsened by Failure to Treat


Certain medical conditions can become far more dangerous or even fatal when left untreated due to medical negligence. These include:

  • Infections: Untreated infections, such as sepsis, can rapidly progress and cause organ failure or death.
  • Heart Conditions: Failure to treat early signs of heart attack or arrhythmia can result in severe damage or fatal outcomes.
  • Stroke: Timely treatment for stroke is critical to reducing brain damage and improving recovery outcomes.
  • Post-Surgical Complications: Ignoring signs of infection or internal bleeding after surgery can lead to preventable harm.
  • Cancer: A delay in initiating treatment after a cancer diagnosis can reduce the chances of remission or recovery.

     

When Is Failure to Treat Considered Medical Malpractice?

The damages that a victim of medical malpractice may seek to receive include economic damages. These may cover expenses such as existing and future/anticipated medical and physical therapy bills, lost wages, amounts corresponding to loss of earning capacity, etc.

They also include non-economic damages that relate to losses that are not obviously quantifiable. Depending on each case’s particular circumstances, these may include compensation for the pain and suffering experienced, as well as loss of consortium, i.e. losing the benefits of a family relationship due to your injuries.

Legal Recourse for Failure to Treat

If you or a loved one has been harmed due to a healthcare provider’s failure to treat, you may be entitled to compensation for your losses. Pursuing legal action not only helps you secure financial recovery but also holds negligent providers accountable, preventing similar mistakes from occurring in the future.

Steps to Take:

  1. Document Everything: Keep records of your medical history, appointments, and communications with healthcare providers.
  2. Seek a Second Opinion: Another medical professional can assess whether proper care was provided.
  3. Consult an Attorney: A medical malpractice lawyer will review your case, gather evidence, and help determine the best course of action.

Types of Compensation Available

Victims of failure to treat may be eligible for several forms of compensation, including:

chevron-right

Medical Expenses:

Covering additional treatments, surgeries, or hospital stays resulting from the provider’s negligence.

chevron-right

Lost Wages:

Compensating for income lost during recovery or due to diminished earning capacity.

chevron-right

Pain and Suffering:

Addressing the emotional and physical toll of the healthcare provider’s negligence.

chevron-right

Punitive Damages:

In cases of gross negligence, punitive damages may be awarded to punish the responsible party.

Why Choose Legal Help in Colorado?

At Legal Help in Colorado, we are committed to helping victims of medical negligence recover the compensation they deserve. Our experienced attorneys understand the complexities of failure to treat cases and will fight tirelessly on your behalf.

What We Offer:

  • Free Case Consultation: We’ll review your situation and explain your legal options at no cost.
  • Comprehensive Case Evaluation: Our team will gather evidence, consult with medical experts, and build a strong case.
  • Contingency-Based Representation: You don’t pay unless we win your case.

Contact Us Today

If you or a loved one has been harmed due to a healthcare provider’s failure to treat, don’t wait to take action. Request a free consultation today, and let us help you seek justice and accountability.

Knowledgeable. Compassionate. Dedicated.

We are your personal injury team.

Available 24/7 to take your call: (720) 743-3682