Medical Malpractice for Failure to Treat
Under the law, a healthcare provider owes a patient a duty of care. Medical malpractice can occur when a healthcare provider is reckless, inattentive or fails to treat a patient. A person may sue a healthcare provider for harm caused by medical malpractice.
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Failure to Treat
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When a healthcare provider fails to treat a patient, there may be liability for medical malpractice. Failure to treat can occur in a variety of circumstances, including failures to perform medical tests, treat a known medical condition or advise the patient to see a specialist when necessary.
Standard of Care
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Every person has a duty to act as a reasonable and prudent person would in similar circumstances. Because a healthcare provider, such as a doctor, has specialized knowledge and skills, he is held to a higher standard of care than an ordinary person. A healthcare provider's actions are judged against other healthcare providers who possess the same kind of knowledge.
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Medical Malpractice
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When a healthcare provider fails to act as a provider in the same specialty would, a person who sustains injuries may be able to sue the provider for medical malpractice. Compensation may include damages for medical costs, lost wages, pain and suffering and attorney fees.
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