Failure to Treat Lawyer in Massachusetts

Failure to Treat as Medical Malpractice

A failure to treat occurs when a physician identifies a condition but fails to initiate appropriate treatment in a timely manner, initiates inadequate treatment that falls below the standard of care, or fails to refer the patient to an appropriate specialist for conditions that exceed the physician’s expertise. The standard of care requires not only that conditions be correctly diagnosed but that appropriate treatment be implemented promptly. When treatment failure allows a condition to worsen, the treating physician may be liable for the resulting harm. Attorney Jeffrey C. Lavey represents failure to treat victims throughout Massachusetts.

Common Failure to Treat Scenarios

• Failure to initiate antibiotic treatment for a diagnosed serious infection promptly
• Failure to prescribe anticoagulation for a patient with diagnosed pulmonary embolism or deep vein thrombosis
• Failure to refer to an oncologist promptly after a cancer diagnosis
• Failure to initiate cardiac treatment protocols after a confirmed heart attack diagnosis
• Failure to refer to a surgeon for conditions requiring surgical intervention
• Undertreating pain or other symptoms in a way that allows avoidable suffering
• Failure to hospitalize a patient whose condition requires inpatient monitoring and treatment

The Standard of Care for Treatment

Treatment standards are established by specialty society clinical guidelines, evidence-based protocols, and the practices of competent physicians in the same specialty. A cardiologist who diagnoses a heart attack is required to initiate reperfusion therapy within the guideline-established time window. An emergency physician who diagnoses a pulmonary embolism is required to initiate anticoagulation. An oncologist who confirms a cancer diagnosis is required to offer appropriate treatment options within a reasonable time. When these standards are not met, treatment failure malpractice may exist.

Delayed Treatment vs. Failed Treatment

Treatment delay, where appropriate treatment is initiated but too slowly, and treatment failure, where appropriate treatment is not initiated at all or inadequate treatment is provided, are related but distinct categories of malpractice. Both can cause compensable harm. In time-sensitive conditions, even delays of hours can be significant: the cardiac muscle that dies while reperfusion therapy is delayed is tissue that will not recover. Attorney Lavey evaluates treatment timing in every case where delay or failure is at issue.

Pursuing a Failure to Treat Malpractice Claim

Failure to treat malpractice cases require expert testimony establishing the appropriate standard of care for the specific condition at the time in question, the departure from that standard by the treating physician, and the harm caused by the departure. Attorney Lavey works with qualified specialist experts in every failure to treat case and manages the pre-suit procedures required under Massachusetts medical malpractice law.

Frequently Asked Questions