Failure to Treat or Delayed Treatment Lawyers

Delayed Treatment Medical Malpractice: a Failure of Care

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Failure to treat patients or delays in medical treatment can lead to dangerously poor health outcomes. If you are concerned that you or a loved one has been the victim of medical malpractice involving delayed treatment or a failure to treat altogether, you may consider whether to consult an injury lawyer. Read on to learn about medical malpractice cases aimed at seeking compensation for delayed treatment or a failure to treat.

What Is Delayed Treatment Malpractice?

Delayed treatment malpractice occurs when a breakdown in the continuum of care results in a patient not getting the care they need, when they need it. There are a handful of factors that could contribute to delayed treatment or a failure to treat your issue. If the medical professional’s failure resulted from negligence or carelessness, that is medical malpractice.

In general, delays in medical treatment occur when a doctor or other medical professional is unaware of a patient’s true condition. Unfortunately, a failure to treat in a timely manner can result from many kinds of mistakes:

  • Faulty diagnostic testing (either through human errors or faulty equipment)
  • Erroneously filing scans that highlight symptoms of a disease or condition
  • Incorrect reading of radiology reports, leading to delays in cancer treatment
  • Failure to timely intubate or resuscitate a patient who is having breathing difficulties
  • Lack of attention to patient histories in considering diagnoses, such as patients of Ashkenazi Jewish heritage
  • Poor communication about routine laboratory results leading to serious—and avoidable—complications
  • Delayed response times for treatment requests
  • Failure to on behalf of hospitals, clinics or surgeries to contact patients with their test results
  • Urgent cases for patients according to their condition not being prioritized accordingly on outpatient waiting lists
  • Lack of urgent and timely care when presenting to an emergency department—Not being properly triaged according to severity could result in a delay in care such as a stroke, heart attack, imminent childbirth, or septic infection. There are a few cases that need to be immediately addressed upon presentation and must have a “Medical Screening Exam'' upon arrival. All hospitals should have a policy and procedure to handle these types of patients upon presentation. A busy ED may miss these types of cases if not appropriately screened.

Generally, a delayed treatment medical malpractice case will demonstrate that the delays suffered by the patient resulted in additional harms:

  • Worsening of condition
  • Worsening of symptoms associated with condition
  • Decreased effectiveness of the treatment
  • Prolonged or intensified pain and discomfort

While some difficult situations are unavoidable, you should never have to suffer because of a problem arising or worsening due to the negligence of a healthcare professional you trusted. Consulting a knowledgeable medical malpractice lawyer can help you navigate the complicated process and seek the compensation you deserve.

What Do You Need to Prove in a Malpractice Case Involving Delayed Treatment?

In order to prove that you have been the victim of medical malpractice, your situation must meet the following basic criteria for general malpractice:

  • Duty of care. The medical professionals you are considering suing were responsible for your or your loved one’s care.
  • Violation of standard of care. The healthcare provider violated processes or procedures that the general medical community would consider standard.
  • Injuries. That negligence or error resulted in injury.
  • Damages. The injury has resulted in negative financial, emotional, or similar consequences.

The key is being able to prove that another doctor in a similar situation with the same test results would have come to a competent decision different from the one your doctor made. When you work with a medical malpractice lawyer you will have access to expert medical witnesses who will be able to make these determinations.

How Are Delayed Treatment Malpractice Cases Resolved?

The first step in resolving any medical malpractice case is to find an experienced malpractice law firm and set up an appointment. Any case involving malpractice is complex, and can add unneeded stress on top of your injury. Having experienced legal support on your side will help minimize the stress on you, so that you can focus on your healing.

Depending on your situation, the statute of limitations—the period of time in which you can file a lawsuit—for a malpractice case can be short. Even if you are unsure whether you want to pursue a malpractice lawsuit, it’s important to reach out for a consultation as soon as possible so you can get all the facts you need to make your decision.

If your case is eligible for legal liability, your malpractice lawyers will work to get you justice, whether that is a settlement or a judgment in your favor. The final amounts vary, taking into account these factors:

  • Doctor and hospital bills—past, current, and future
  • Lost income—past, current, and future
  • Pain and suffering
  • Disfigurement and scarring
  • Quality of life concerns

Meet the Janet, Janet & Suggs’ Medical Malpractice Team

Howard A. Janet

Howard Janet has uncovered medical mistakes that other lawyers have missed and represented clients throughout much of the country, recovering record-breaking results. He has authored multiple books, including Navigating a Medical Malpractice Lawsuit, Representing Plaintiffs in Medical Malpractice Cases as lead author and Patients’ Rights and Doctors’ Wrongs—Secrets to a Safer Pregnancy and Childbirth, which he co-authored with Dr. Giles Manley.


Ken Suggs served as president of the Association of Trial Lawyers of America (now known as the American Association for Justice), the leading national plaintiff’s bar association, and has been a relentless advocate for his clients for over 40 years.

Giles H. Manley

Dr. Giles Manley is a board-certified physician who practiced medicine for 20 years before becoming a medical malpractice attorney. He has won a number of seven-figure verdicts on behalf of his clients, combining his medical knowledge and legal experience to secure monumental victories for his clients.


Gerald Jowers represents patients who have been harmed by medical malpractice, pharmaceuticals, and medical devices, recovering extraordinary results for clients and their families at the settlement table and in the courtroom.

Why Should You Choose Janet, Janet & Suggs?

Janet, Janet & Suggs has over 40 years of experience with medical malpractice cases. Our medical malpractice attorneys are licensed to practice in more than 10 states and are familiar with the many laws and regulations that vary between states regarding brain injury cases.

We are proud to serve ​Illinois, Iowa, Maryland, Minnesota, New Jersey, New York, North Carolina, Pennsylvania, South Carolina, Virginia and Washington, D.C. We have also been granted permission to practice in many more states with court approval. Because we offer our services on a contingency fee basis, we charge no upfront fees. You will owe us nothing unless you recover compensation.

We provide expert witnesses and attorneys to support clients through the complex process of a medical malpractice case, recovering no fees until your case is won. Our track record of successful outcomes demonstrates our commitment to working for justice and fair compensation. Contact us for a free, no-obligation consultation to discuss your case and learn about your rights.

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