Serving Georgia, Illinois, Louisiana, Mississippi, North Carolina, Missouri, Tennessee, Texas & Nationwide (All Areas Served by Appointment Only)  

Failure to Treat Attorney

People often visit their physicians because of unexplained physical symptoms. Illnesses manifest in many different ways. Doctors must structure their approach to diagnosis and treat their patients as best they can. Diagnostic shortcuts can lead to failed treatment or no treatment at all.

Physicians should use diagnostic testing, patient histories, and any other available resources. This helps to diagnose and treat a patient as accurately as possible.

Indeed, studies by the U.S. Department of Health and Human Services found that clinicians often use shortcuts or “rules of thumb” when diagnosing a patient with common symptoms. These shortcuts lead to a failure to treat an illness correctly. Studies also identified poor teamwork and communication between physicians as factors in delayed or failed treatment.

Examples of treatment failures can include:

  • Delayed treatment — Certain illnesses, such as cancer or heart disease, require rapid treatment to maximize the potential for recovery. Treatment delays can leave patients with untreatable conditions, often leading to reduced life expectancy.
  • Under treatment — Delays in healing from recommending dietary changes, home remedies, or even no treatment at all. In some cases, a condition will continue to worsen, leading to a worse outcome.
  • Incorrect treatment — In addition to failing to treat the original illness, the wrong therapy, prescription, or medical procedure can cause new medical problems
The Emergency Medical Treatment and Labor Act

It is a patient’s civil right to receive medical attention from doctors and hospitals. Doctors owe their patients a duty of care in deciding whether to undertake a case. They owe a duty of care deciding appropriate treatment. Finally, they owe a duty of care in administering that treatment.

The Emergency Medical Treatment and Labor Act (EMTALA) is a federal law that requires emergency departments to stabilize and treat anyone in need without discrimination. It is unlawful to turn away patients due to their insurance status, ability to pay, race, creed, national origin, or color.

Sometimes medical providers rely on obvious physical symptoms. They may also fail to conduct appropriate testing and analysis. You can pay a steep price for treatment delays or failures of treatment.

The leading cause of malpractice settlements in the U.S. is diagnostic error (28%). According to The National Practitioner Data Bank, they also accounted for the highest payments (35.2%). Diagnostic errors resulting in disability occur twice as much as other causes.


Proving diagnostic failure requires an attorney with a detailed grasp of medical procedures. Technical knowledge to conduct investigations into patient injuries is also crucial. Failure to diagnose your illness and injuries may be a result of Medical Malpractice. You will need a skilled attorney. We want to help you get compensation and hold medical providers accountable. Our initial personal injury consultation is free. Our office works on a contingent fee basis. We get paid for our services only if there is a monetary award and recovery of funds.

Don’t Delay, Call Clay!


CALL NOW: (877)-234-7573


Call our office today for a FREE review of your personal injury case. We typically work on a contingent agreement basis, which means our fees are contingent upon the outcome of your case.

Don’t Delay! You may have a valid claim! Let us help you get your compensation before the statute of limitations expires!


A failure to treat your illness may be a liability claim.

To prove a case of failure to treat or medical malpractice, a claimant must prove that the healthcare provider owed a duty to the patient then breached that duty causing the patient to suffer an injury. A personal injury attorney can help you prove your liability claim by gathering medical records and expert witnesses.

If a failure to treat your illness requires expensive, ongoing care or have lost a family member due to medical negligence, call The Law Offices of L. Clayton Burgess Today!


contact-us contact-us