Is Failure to Treat Always a Medical Malpractice?
Not every case failure to treat constitutes medical malpractice. For a case to qualify, there has to be clear medical negligence. This means they must have fallen short of the required standard of care expected of them. To succeed in a medical malpractice claim, victims must establish the following elements:
- The healthcare provider had an established relationship with the patient, creating a duty to deliver competent care. This is easy to prove through hospital visits and medical bills.
- The provider deviated from the normal standard of medical care expected of them.
- The deviation was the direct cause of harm.
- The patient suffered compensable harm, such as lost wages and medical costs.
It’s important to note that adverse outcomes alone do not necessarily indicate malpractice. For example, if a provider acted reasonably based on available information, but the condition worsened despite their efforts, it would likely not meet the criteria for malpractice. Your attorney will carry out a thorough investigation to determine whether malpractice actually occurred. Therefore, if you believe you have been a victim of failure to treat negligence, you need to take quick steps to help protect your rights and strengthen your case:
- Ensure your immediate health needs are addressed by consulting another qualified healthcare provider.
- Keep records of your medical history, treatments received, and any correspondence with healthcare providers. Additionally, photographs of injuries or other relevant evidence can strengthen your case.
- Talk to an advocate who will evaluate your case, gather evidence, and build a strong argument for compensation.Take legal action quickly, as Ohio law only gives victims one year to file malpractice claims. Acting quickly ensures time constraints do not bar your case.
At Beausay & Nichols, we will thoroughly evaluate your case to determine whether you have a claim. If necessary, we will work with medical experts to identify lapses in care to build a winning case on your behalf. These experts help bridge the gap between legal concepts and medical practices, making it easier for a jury or judge to understand.
