Failure to Treat
Do you suffer from a medical condition which your doctor failed to treat? Has your condition worsened as a result and caused you to suffer additional injury? Have you lost a loved one because a physician failed to treat his or her medical condition in a timely manner? If so, contact the skilled Memphis medical malpractice attorneys at NST today for a free case evaluation. Although doctors are trained to proper diagnose their patients, some may not end up providing competent treatment. If your doctor failed to treat you and you suffered harm as a result, you may be able to take legal action by filing a medical malpractice claim.How a Doctor’s Failure to Treat Could Cause a Patient to Suffer Harm
Patients trust their physicians to spot warning signs of medical conditions he or she may have. Identifying symptoms leads the way to being diagnosed with a condition. A proper diagnosis should lead to the development of a suitable treatment plan. The following examples may constitute medical error:
- Failure to perform required testing
- Failure to monitor a patient’s condition
- Failure to refer a patient to a specialist when necessary
- Failure to disclose treatment options to the patient
- Failure to meet the relevant standard of care based on accepted principles
Medical malpractice is a very complex area of law, and each state has its own statute which sets forth the requirements for pursuing this type of case. Generally, a medical malpractice claimant must show that he or she suffered injury due to the negligence of a medical professional, such as a physician, surgeon, anesthesiologist, nurse, or emergency room doctor. Many times this will involve proving that the medical professional’s actions were negligent, but in some cases the practitioner’s inaction will be the basis of the medical negligence claim.
One such scenario is when a physician fails to treat a medical condition and the patient gets worse or dies as a result. In that situation, the physician’s lack of action, or inaction, is the issue. You may have a failure to treat medical malpractice claim if your doctor failed to properly treat a known medical condition from which you suffered, failed to perform reasonable or necessary medical tests, failed to properly diagnose you with a condition, failed to refer you to a specialist when your condition or symptoms warranted specialized treatment, or failed to advise you of all reasonable treatments available for your condition. It will usually be necessary for a medical expert to determine whether the medical professional’s conduct fell below the standard of care and can be considered negligent under the circumstances. Our medical malpractice attorneys can help residents of Memphis and beyond recover compensation by consulting with qualified experts in the healthcare field.
If you can prove to a judge or jury that the doctor was negligent in failing to treat your medical condition, you may be able to recover monetary damages for your medical expenses (past and future), lost wages, lost future income or earning capacity, pain and suffering, loss of enjoyment of life, and loss of consortium. If you have lost a loved one as a direct result of the failure to treat a medical condition, then you may be able to pursue a wrongful death claim on his or her behalf and seek compensation for the lost income and pain and suffering of the deceased and for his or medical, funeral, and burial expenses.
Most states impose a statute of limitations that sets forth the deadline for bringing a medical malpractice claim. In some states, you only have one year to assert your rights. In others, you may have two or three years, or longer. Many states also impose a statute of repose that may further restrict your ability to bring a medical malpractice claim after a set amount of time has passed. For these reasons, it is important for you to contact a medical malpractice attorney as soon as possible after your injury to ensure that the law firm has adequate time to investigate your claim, consult with experts, and prepare a lawsuit for filing prior to these strict time deadlines.Discuss Your Situation with a Knowledgeable Healthcare Negligence Attorney in Memphis
Clinics, hospitals, and other healthcare facilities will have a team of attorneys to defend their actions, and it is important that you have a firm with resources on your side to protect your rights and fight for the compensation you deserve. Our law firm has more than 25 years of experience going head to head with medical providers, their insurance companies, and their attorneys. We have a dedicated team of more than 30 attorneys and 100 staff members to assist you with your case. Call us toll-free now at 800-529-4004 or complete our online form for a free consultation with a personal injury attorney today.