When Failure To Treat Becomes Malpractice in South Carolina

You expect doctors to treat ailments, but what happens if they don’t, and when does a physician’s failure to treat become malpractice? Though it’s natural to feel frustrated when a medical treatment doesn’t provide the desired outcome, only certain circumstances meet the grounds for medical malpractice.

Before pursuing a failure to treat lawsuit, you should fully understand what this legally means and what actions or inactions qualify as medical malpractice under South Carolina laws.

How To Tell Whether Failure To Treat Meets Negligence Standards

The steps to proving medical malpractice don’t vary based on the type of omission or action that occurred. A physician’s failure to treat a patient in a timely manner, and a surgical error, each qualify as negligence under South Carolina laws. Like other medical mistakes, a dismissed condition, a misdiagnosis, or a failure to treat can be malpractice if the situation meets these four criteria:

1. A patient-doctor relationship exists.
2. The physician provides care that doesn’t meet standards.
3. Injury, death, or other damages result.
4. The harm is directly related to the breached standard of care.

The Effect of Untreated Conditions

When a doctor sends a patient home or incorrectly interprets symptoms, the person’s condition can worsen and have devastating effects. But the outcome doesn’t need to be death to qualify for a medical malpractice lawsuit. Missed diagnoses or delays in care need only to negatively impact a person’s well-being to cross the line into malpractice. A doctor’s failure to treat may cause the following damages:

• Physical pain, disfigurement, or death
• Medical expenses for follow-up treatment or rehab
• Psychological and emotional trauma
• Lost income and professional repercussions

Examples of Failure To Treat

Physicians must present medical facts to patients or others responsible for their care and recommend management techniques for health conditions according to established standards. When a doctor fails to treat a patient accordingly, he or she may have committed medical malpractice. There’s no set list of actions that deem a failure to treat as malpractice in South Carolina. The following are a few examples:

• Failing to provide medical treatment in a timely manner
• Neglecting to refer a patient to a specialist
• Providing an inaccurate diagnosis
• Recommending inappropriate or unnecessary treatment
• Underinforming the patient of the dangers of a procedure
• Overextending the timeline for a follow-up or failing to order a subsequent visit
• Dismissing a patient’s symptoms without proper work-up or tests

What To Do if a Doctor Fails To Treat You

Whether you’re suffering from a chronic illness or an acute injury, your doctor is responsible for offering quality care. When a physician fails, you may exercise your patient rights by:

• Seeking a second opinion from another healthcare provider
• Speaking with a medical malpractice attorney
• Filing a complaint with the state’s medical board
• Suing the doctor for medical malpractice

You can exercise your patient rights using any combination of these actions to work toward restoring your health. Find a medical malpractice attorney in South Carolina who is experienced in handling these complex cases to help guide your next steps.