Can I sue a doctor for refusing to provide followup treatment?

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Question:

I was initially seen by a Gastroenterologist for ulcers who prescribed medication to treat my symptoms.  He did not feel that I needed further treatment.  Just a few weeks later, I had a perforated ulcer that resulted in emergency surgery.  Can I hold the doctor responsible for not providing the proper follow-up treatment?

Answer:

The laws and rules governing malpractice lawsuit in each state can vary significantly.  Medical malpractice can occur when a health care provider fails to take appropriate action.  Examples of medical malpractice include:

  • Failure to diagnose a disease or medical condition
  • Misdiagnosis of a disease or medical condition
  • Failure to provide appropriate treatment for a medical condition
  • Unreasonable delay in treating a diagnosed medical condition

In order to prove that medical malpractice occurred, the plaintiff must be able to show that an injury was caused by improper medical care.  They must show that the doctor deviated from the applicable standard of care that caused the injury.

If you or a loved one has been injured due to a medical provider not providing the proper follow-up treatment, you should consult with a medical malpractice attorney.  They may be able to provide advice on how to settle your dispute without having to take your case to trial.  This will save you time, money and the emotional energy needed to fight a court battle.

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