We visit doctors and medical providers to get help with medical conditions, which are sometimes serious or life-threatening. Even minor medical conditions can become serious if they are not treated promptly or properly.
Although you may not always leave the doctor’s office happy or with everything you hoped for, how do you know when a doctor’s failure to treat your issue crosses the line over to medical malpractice?
Generally, a doctor or medical provider’s failure to treat becomes medical malpractice when reasonable steps are not taken to diagnose and treat a condition. When this behavior meets the standard for negligence, there may be a case for medical malpractice.
Proving negligence in a failure to treat case
All medical provers owe their patients a duty of care. This is the first element in proving negligence and is usually easy to meet.
The second element in proving negligence involves proving the medical provider breached this duty of care. A failure to diagnose or treat can be viewed as breaching the duty of care because a medical condition can become worse or deadly if it is not treated properly.
Next, you must prove that the failure to diagnose or treat caused your harm. This is often the most challenging element to prove. The defense might argue that something else caused your harm or even that your own actions caused the harm.
How comparative negligence could impact your recovery
You must be ready to counter these defenses, since New York is a comparative negligence state. This means your recovery is reduced in proportion to your own negligence.
If you prove these elements, the final step in a failure to treat case is proving damages. Since you are seeking compensation, you must prove the amount that you are requesting.
For example, if a failure to treat costs you an additional $10,000 in medical bills, you must present documentation showing the amount you were charged. If you were out of work for a year to treat the condition and would not have needed the time off if the condition was properly treated by the medical provider, you must show proof of your lost wages.
