Tampa Failure to Treat Lawyer

Your healthcare provider failed to diagnose or delayed treatment for your injury or illness. Does this amount to medical malpractice?

doctor standing in operating room

Every day, we put our lives in the hands of our doctors, dentists, OB/GYNs, and other such healthcare providers. But despite years of education, training, and experience, your doctor may fail to treat or diagnose your condition expediently or correctly. In some cases, this failure can amount to medical malpractice. To effectively make a winnable case for medical malpractice, several criteria must be met.

What Does Failure to Treat Mean?

When you inform a doctor of the symptoms you are experiencing, the doctor must attempt to diagnose those symptoms’ root cause. This will amount to a list of possible diagnoses, with an emphasis on the most life-threatening possibilities as well as on options for treatment; these diagnoses should also incorporate a base knowledge of your and your family’s medical history and illnesses to which you might be predisposed. 

What Does Misdiagnosis Mean?

Sometimes, your doctor may fail to compile a comprehensive list of potential diagnoses or misdiagnose your symptoms as the result of an illness you do not have. Whether or not this constitutes medical malpractice is dependent on the effects of this lack of diagnosis or misdiagnosis. The failure to administer a test or offer a complete list of available treatments will only constitute medical malpractice if you suffer demonstrable harm due to that failure.

For example: Say your family history indicates that you might be likely to suffer from an illness such as cancer or heart failure. Suppose your doctor failed to align your symptoms with one of those diagnoses and, as a result, you later suffer from an otherwise avoidable illness. In that case, your doctor might be guilty of medical malpractice.

What Does Delay in Treatment Mean?

In addition to misdiagnosis, a delay in treatment can satisfy the standards to take legal action for medical malpractice. To meet those standards, you must prove that the delay in treatment was not in line with a similarly qualified healthcare provider’s hypothetical actions in the same or a similar situation.

Many illnesses are difficult to diagnose and often go unmonitored; some, including cancer and heart disease, can be life-threatening. A delay in treatment can exacerbate the risk of fatality and can prolong or worsen suffering. Early intervention is crucial in these cases. If you can demonstrably prove that your healthcare provider’s delay in recognizing the severity of your illness or injury led to prolonged suffering or tangible harm on your part, your doctor might be guilty of medical malpractice.

A failure to treat attorney can help you assess your case and determine whether the standard of your healthcare provider’s treatment of your illness or injury amounts to malpractice.

How Can I Prove the Doctor Failed to Treat Me Properly?

Due to healthcare’s complex nature, it is often complicated to prove the doctor neglected their duty of care with a failure to diagnose and treat your condition. Medical malpractice lawsuits must meet many specific criteria that establish beyond any doubt that a healthcare professional was preventably negligent. 

Your best course of action is to contact an attorney who is experienced with failure to diagnose and treat cases. They will discuss your case, identify specific areas where the case meets the legal definition of medical malpractice, and gather the necessary evidence. Evidence may include testimony from medical experts, uncovering any prior wrongdoing by the healthcare professional, ways the failure to treat injury could have been avoided, and much more.

What Compensation Can I Expect From a Failure to Treat Lawsuit?

The amount of compensation that may come from your failure to diagnose and treat case will depend on many factors. Typically, the greater the injury and damages, the higher the compensation. However, you may be able to seek compensation for medical bills, loss of income due to permanent disability or disfigurement, pain and suffering, and other damages. 

Failure to Treat Attorney in Tampa

Failure to diagnose and treat a condition may amount to medical malpractice, but it can be challenging to prove. Meeting the burden of proof can be even more difficult without an attorney. For that reason, we offer free initial consultations; we also work on a contingency basis, meaning that you will not incur any legal fees unless and until we can secure a legal victory for your case. These terms will appear in writing in a contract signed by you and your attorney.

Suppose you have suffered harm at the hands of your healthcare provider as a result of a delay in treatment or failure to diagnose. In that case, you may be entitled to recover damages through a lawsuit for medical malpractice. Darrigo & Diaz is a leading Tampa Law Firm. We are one of the top failure to treat attorney firms in Florida. Don’t make the situation more difficult by waiting too long to seek the help you need. Call us at (813) 774-3341 for a complimentary, no-obligation consultation right over the phone, or contact us to schedule a Zoom meeting from the comfort of your own home, office, or hospital room.


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