When seeking medical attention, we trust that our health care professionals will provide quality care. Unfortunately, some patients don’t receive the treatment they need, which can lead to life-altering injuries, worsening symptoms of a medical condition, or even death. If you go to the doctor and they fail to treat your symptoms, illness, or injury, and that lack of treatment causes your condition to worsen significantly, you may be able to file a medical malpractice claim.

Medical malpractice cases can be very complicated and technical, often requiring a complex analysis of medical records and expert witnesses who can explain the details of your medical condition. If you were seriously injured by a doctor’s failure to treat you, our attorneys are here to advocate for you and to hold negligent doctors accountable so you can focus on your health and recovery.

What is Medical Malpractice?

Medical malpractice occurs when a medical professional, such as a doctor, nurse, surgeon, or any other medical provider, does not adhere to the standard of care required to treat aDoctor Filling Out a Patients' Medical Forms patient. This means they may make an error in professional judgment or fail to act in some way that harms or hurts the patient. If a patient’s health is made significantly worse by the doctor’s mistake, the injured patient may be able to bring a suit against both the individual medical professional and the institution that employed them, such as the hospital or clinic.

My Doctor Is Not Helping Me: What Is Failure to Treat as a Form of Medical Malpractice?

Sometimes, a doctor may correctly diagnose a patient but fail to treat their condition promptly or properly. When the doctor fails to treat the patient, and it causes the patient’s condition to worsen, leading to permanent damage or death, it may be cause for a medical malpractice claim.

Examples of Failure to Treat that May Call for a Medical Malpractice Claim

A delay in treatment can lead to devastating consequences in some cases. Examples of this form of malpractice include a medical professional’s failure to:

  • Assess and monitor a patient’s condition
  • Provide medical treatment in time to prevent the progression of a condition or further health deterioration
  • Treat a life-threatening medical condition
  • Provide appropriate treatment after a diagnosis has been made
  • Run necessary medical tests
  • Refer a patient to specialists
  • Treat a patient due to lack of insurance

Doctors should never place concerns about costs or time above a patient’s health. As a patient, you always have the right to accurate, timely, and clear communications about your condition and treatment plan.

How Do I Know If I Have a Medical Malpractice Case? 

Doctors and other medical professionals are held to one of the highest levels of professional responsibility and competency because their actions can have enormous consequences for patients if something goes wrong.

If you went to the doctor and received treatment (or a lack of treatment) that caused permanent damage to your health, you may be able to seek compensation through a medical malpractice claim.

Medical malpractice cases can be complex and expensive to pursue. If improper medical treatment causes permanent damage or death to someone you care about, our South Carolina medical malpractice attorneys can help prove what standard of care your doctor should follow and how their failure has caused lifelong consequences to your health and well-being.

What Is the Role of an Expert Witness in a Medical Malpractice Case? 

Expert witnesses are crucial to any medical malpractice lawsuit. Qualified expert medical witnesses are used to establish what treatment you should have received from your doctor. These experts can speak to the unique facts of your diagnosis and medical condition, as well as the appropriate standard of care under the circumstances. They can also provide the judge and jury with a detailed explanation of how the doctor’s negligence may lead to long-term consequences for your health.

These witnesses' professional opinions and expertise are essential in establishing a strong medical malpractice case. Our attorneys understand how to use these witnesses to the best of their abilities to help you seek the justice you deserve.

How Much is My Failure to Treat Case Worth?

No amount of money can take away the harm you may have experienced at the hands of a negligent doctor. Still, our South Carolina medical malpractice attorneys can help you pursue full, fair financial compensation for your injuries.

As an injured patient who failed to receive the care you needed, you may be able to seek compensation for:

  • current and future medical expenses,
  • pain and suffering,
  • mental anguish,
  • lost work wages, and
  • punitive damages (Punitive damages are rare but can be pursued if there is clear and convincing evidence that the doctor’s actions were carried out with conscious disregard for the health and safety of the patient.)

The amount of damages you receive may also depend on factors such as:

  • Who was negligent? (e.g., the treating physician, nurse, or specialist)
  • The negligent professional’s employer. In some cases, you may be able to hold both the individual who treated you and the institution they work at accountable.
  • What type of damages are you seeking? There is no cap on the economic damages a patient may collect (such as medical expenses and lost wages) against a private, for-profit health care provider. Still, there is a limit on non-economic damages (such as past and future pain and suffering, loss of enjoyment of life, and mental and emotional distress). 

Our South Carolina medical malpractice attorneys are here to guide you through the claims process and can help you pursue full, fair compensation.

Discuss Your Failure to Treat Claim With Our South Carolina Medical Malpractice Attorneys

Showing that a medical professional failed to treat you properly is one of the most challenging medical malpractice claims to prove. We are here to guide you through the legal process and help you seek a resolution that will provide comfort and hope.

If you believe you may have been the victim of medical malpractice, our attorneys can help protect your patient's rights. Please feel free to reach out today by filling out the chat form below or calling (803) 790-2800 in Columbia, SC, or (843) 427-2800 in Myrtle Beach, SC.  We look forward to hearing your story. 

Kenneth Berger
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Columbia and Myrtle Beach car accident and personal injury lawyer dedicated to securing justice for clients.