When you go to any medical professional for help, you expect them to accurately diagnose conditions and injuries, and then offer timely treatment. If the provider doesn’t correctly identify what you’re struggling with, you can receive compensation for misdiagnosis consequences, but what if they fail to treat the problem?
The failure to appropriately treat a condition or injury can result in severe health issues. You may be entitled to file a claim to receive compensation for medical bills, lost wages, and all other losses you sustained.
At Adam S. Kutner, Injury Attorneys, you can receive the support you need if you’ve suffered injuries because of medical malpractice. Our Las Vegas failure to treat lawyers have experience fighting for fair compensation for those who did not receive the quality medical care they deserved.
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What Is Failure To Treat?

Medical malpractice failure to treat in Las Vegas refers to a medical professional failing in their duty of care by not offering appropriate and necessary treatments, leading to harm. It’s an issue that can occur as a result of a variety of actions and inactions.
One of these is the failure to accurately diagnose a condition. The provider may not recognize the symptoms or order the appropriate diagnostic tests. Negligence can also include not referring patients to specialists, ignoring symptoms in emergency room settings, and even failing to offer appropriate follow-up care.
Medical malpractice laws apply in any situation when a healthcare provider offers care that falls below the accepted standard. If another medical professional would not make the same error, then it can be seen as malpractice.
Common Examples of Failure To Treat in Medical Malpractice Cases
Numerous scenarios could lead to malpractice claims. Emergency room failure to treat in Las Vegas, for example, could involve doctors in the ER not recognizing crucial symptoms, leading to delayed or inappropriate treatment.
You can also experience:
- Delay or failure to order diagnostic tests: A case involving improper diagnosis malpractice in Las Vegas can include doctors not ordering the right test or delaying the tests, resulting in worsening conditions.
- Improper response to symptoms: A provider who doesn’t correctly address symptoms, or fails to connect them, can mean not getting prompt treatment.
- Failure to refer to specialists: Failure to refer malpractice in Nevada occurs when your provider doesn’t refer you to a specialist to rule out conditions, resulting in further preventable harm.
- Mismanagement of chronic illnesses: If you have chronic illnesses, like diabetes, heart disease, or asthma, not receiving the appropriate care can lead to more serious symptoms.
- Errors in medication management or vital signs monitoring: Providing the wrong medications or not monitoring vital signs during procedures could all lead to catastrophic results, including death.
- Communication breakdowns: A provider who fails to efficiently communicate with the rest of the care team puts patients in danger of receiving wrong treatments or medications.
In all of these instances, a failure to diagnose and treat lawyer in Las Vegas can provide the support you need as you begin a medical malpractice claim.
The Serious Harm Caused by Failure To Treat
A medical provider who doesn’t offer the accepted standard of care and fails to correctly and efficiently treat an illness or injury can cause:
- Worsening conditions
- Permanent disabilities
- Chronic pain
- Necessity for more invasive treatments
- Wrongful death claims
- Emotional trauma
Not receiving appropriate and prompt treatment results in more medical expenses, including the need to have surgeries and other invasive interventions. Your quality of life can suffer, too, potentially making it impossible for you to work and live as you used to. In the most severe cases, it can significantly shorten your life expectancy.
Proving a Failure To Treat Medical Malpractice Claim in Nevada
To succeed in a legal claim for lack of medical treatment in Nevada, you need evidence to establish a few key elements. One of these is that a duty of care existed between you and the medical provider. You will then need to show that the provider breached that responsibility by not offering correct or timely care.
This breach of their responsibility has to have led directly to the injuries you sustained. If you can meet all of these elements, then it’s likely that your case will be successful.
One of the most important factors in these claims is having expert witnesses who can testify that your claim is valid. You must submit this affidavit of merit at the same time as the claim. You must also keep in mind the statute of limitations, which is typically three years. Recent developments in medical malpractice law have increased the time you have to file if you discover the injury later than when it occurs. In the past, you used to have only one year, but now you have two.
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Filing Your Medical Malpractice Lawsuit for Failure To Treat
Cases involving patient rights and failure to treat in Las Vegas include a few steps.
These are:
- Initial free consultation with your lawyer.
- Investigation of how the malpractice occurred.
- Collection of evidence to demonstrate that the provider offered substandard care.
- Consultation with expert witnesses.
- Official filing of the claim.
- Negotiations with insurance companies.
- Litigation preparation, if reaching a settlement isn’t possible.
When you work with reputable and experienced lawyers, you pay nothing unless you win. Your team will also do everything possible to provide clarity throughout the process.
Types of Compensation Available for Failure To Treat Injuries
You can obtain compensation for untreated medical conditions in Las Vegas. Economic damages cover your medical expenses, including any future needs you’ll have, as well as your lost wages.
Non-economic damages address your pain and suffering and your loss of enjoyment of life. In select instances, you may also be able to receive punitive damages for gross negligence.
How Adam S. Kutner, Injury Attorneys, Support Failure To Treat Victims
At Adam S. Kutner, Injury Attorneys, you can get the support of a trusted failure to treat attorney in Nevada. We have more than 34 years of experience working in medical malpractice cases, and we pride ourselves on offering 24/7 availability to our patients.
With a clear contingency fee structure and a proven track record of helping clients win millions in settlement and jury awards, we offer reliable representation.
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