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Thirty-four percent of doctors have been the subject of medical malpractice litigation at some point in their careers.
Hospitals consistently rank high on the list of places that most terrify patients. As the saying goes, it’s better to be safe than sorry. But at a time when you most need shelter and reassurance, there’s no room for any error.
Providing subpar service during your hospital stay can’t be taken back. When it comes to no treatment lawsuits, you might be wondering if you can sue a doctor for providing no treatment. Here’s what you need to know.
What is Medical Malpractice
Medical malpractice occurs when a healthcare professional deviates from the standard of care, resulting in injury or death to the patient.
To sue for medical malpractice, you must be able to prove that the doctor’s actions were negligent and that this negligence caused you harm.
No Treatment Can Be Medical Malpractice
Yes, you can sue a doctor for providing no treatment. This situation can fall under medical malpractice.
To succeed in a medical malpractice case, you must show that the doctor owed you a duty of care, that the doctor breached that duty, and that you were harmed as a result of the doctor’s breach. The duty of care is the legal duty that a doctor owes to their patients to provide competent medical care. To establish a breach of the duty of care, you must show that the doctor’s care fell below the accepted standard of care for doctors in your jurisdiction.
If the patient can show that the doctor failed to provide treatment that was necessary to prevent serious harm, then the patient may have a case. However, if the harm was not serious or the doctor did not know that the patient was not receiving treatment, the patient may not have a case.
When and How to Sue a Doctor
It is difficult to sue a doctor for no treatment when the patient has not suffered any damages due to the doctor’s inaction. In order to sue, the patient would need to prove that the doctor’s failure to provide treatment resulted in some harm, such as an injury or the worsening of a condition.
Even then, the patient would likely only be able to recover nominal damages since there is no way to quantify the intangible damages that the doctor’s negligence may have caused.
If you feel that you have been a victim of medical malpractice, you should contact a lawyer to discuss your case. Many attorneys specialize in this area of law, and they can help you get the compensation you deserve.
You may start searching online for an attorney you can work with. Click medical malpractice attorneys found here on the website to get a few names of law firms or lawyers.
Consult a Professional
If you believe that you have been harmed by a doctor’s decision to provide no treatment, you should consult with a lawyer to discuss your case and determine whether you have a claim.
Find the right attorney who can help you with this kind of case so that you can increase the chances of a medical malpractice claim from the doctor’s failure to provide treatment. Work with an attorney who is experienced and has handled cases like yours in the past.
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