Failure to Treat Attorney

Failure to Treat

People often visit their physicians because of unexplained physical symptoms. Illnesses manifest in many different ways. Doctors must take a structured approach to diagnosis and treat their patients. Shortcuts in diagnostic practices can lead to failed treatment or no treatment at all.

Treatment failure does not automatically indicate medical malpractice. Healthcare providers have a responsibility to their patients. Physicians use patient histories, diagnostic testing, and other available resources to arrive at the most accurate diagnosis possible before initiating treatment. When doctors rush to start treatment, the consequences to patients can be severe. For example:

  • Under treatment — Recommending home remedies, dietary changes, or no treatment at all can delay healing. In some cases, a patient’s condition can continue to worsen with significant adverse results.
  • Delayed treatment — Certain conditions, 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.
  • Incorrect treatment — In addition to failing to cure a condition, the wrong prescription, therapy, or medical procedure can cause substantial new medical concerns.

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.

The Emergency Medical Treatment and Labor Act

It is essentially a patient’s civil right to receive medical attention from doctors and hospitals. Doctors owe their patients a duty of care in deciding weather 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.


Call our office today for a FREE review of your 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!

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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! The initial consultation is no charge, and if we agree to accept your case, we will work on a contingent fee basis. Meaning we get paid for our services only if there is a monetary award or recovery of funds.