Can I sue a doctor for non-treatment?

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Question:

I went to the emergency room complaining of severe pain in my lower right abdomen.  After waiting for hours, I was finally seen by a doctor who claimed that he couldn’t find anything wrong with me.  Just a few days later, my appendix burst and I had to undergo emergency surgery for appendicitis.  Can I hold the doctor liable for not providing treatment?

Answer:

Medical malpractice is a form of negligence where an injury results from the failure of a medical professional to exercise adequate care, skill or diligence in performing a duty.  One of the more common types of malpractice occurs when a doctor fails to properly treat or ignores a medical condition.  When a patient presents his symptoms, the doctor will typically make a diagnosis.  Failure to diagnose and treat a condition can have devastating results.

A doctor’s failure to treat may be malpractice if the failure to treat was due to negligence or substandard care such as:

  • Failing to perform necessary medical tests
  • Failing to treat a known medical condition
  • Failing to refer a patient to a specialist when the condition demands it
  • Failing to advise a patient of all reasonable medical treatments available

When a doctor fails to diagnose or treat a condition early on, the patient is subjected to a much harsher treatment when the condition is finally diagnosed properly.

When you or a family member suffers serious injuries as a result of medical errors, such as failure to treat a serious medical condition, you may be entitled to a financial recovery.  You should consult a medical malpractice attorney for assistance in reviewing your case.

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