What Does Failure to Treat Mean?

“Failure to treat” occurs when a doctor or healthcare provider recognizes or should have recognized a patient’s condition, yet does not provide the care that is reasonably expected. Failure to treat can involve ignoring test results, delaying treatment, withholding necessary medication, or failing to follow up on a known condition. Patients rely on medical professionals to act promptly and appropriately, and when treatment is withheld, conditions can worsen or even become life-threatening.

What’s the Difference Between Failure to Treat and Failure to Diagnose?

Although they may sound similar, failure to treat and failure to diagnose are distinct forms of medical negligence. Failure to diagnose occurs when a provider does not recognize a condition in the first place, often missing key symptoms or misreading test results. Failure to treat, by contrast, happens after a condition is known or reasonably should be known and the provider neglects to take action. Both can cause serious harm, but failure to treat is particularly troubling because it represents inaction in the face of clear medical need.

Examples of failure to treat can take many forms, including:

  • A doctor confirms a patient’s infection but does not prescribe antibiotics.
  • A hospital fails to provide necessary monitoring or intervention after surgery.
  • A physician recognizes signs of heart disease yet does not order treatment or lifestyle counseling.
  • A specialist delays cancer treatment despite positive test results.
  • An emergency room provider discharges a patient without addressing a clearly urgent condition.

In each scenario, patients may suffer serious harm or lose valuable time in fighting a disease because care was delayed or denied.

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Is Failure to Treat Considered Medical Malpractice?

Yes. When a provider’s inaction falls below the accepted standard of care and directly causes harm to a patient, it is considered medical malpractice. Proving this requires showing that a doctor–patient relationship existed, the provider had a duty to act, the duty was breached, and that breach caused injury. Medical records, expert testimony, and hospital policies often play a critical role in establishing liability.

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Why Choose the Davis Law Group to Handle Your Failure to Treat Case?

At Davis Law Group, our failure to treat attorneys in Houston understand how devastating medical negligence can be for patients and their families. These cases often involve complex medical details and powerful institutions that fight hard to protect themselves. Our team has the skill, resources, and determination to stand up to hospitals, doctors, and insurance companies that try to avoid accountability. 

We collaborate with respected medical experts to thoroughly investigate what went wrong, uncover the truth, and build compelling cases on behalf of our clients. Every step of the way, we are committed to pursuing justice and securing the compensation our clients need to move forward. If you or a loved one has suffered harm due to a doctor’s failure to treat, contact Davis Law Group today for a consultation.

Failure to Treat FAQs

How long do I have to file a failure to treat claim in Texas?

What compensation can I receive?

Is there a cap on damages in Texas?

What should I do if I experience failure to treat?

What if I am partially at fault?

How long do I have to file a failure to treat claim in Texas?

Generally, you have two years from the date of the negligent act to file a medical malpractice lawsuit in Texas. However, exceptions may apply for minors or in cases of delayed discovery of harm. Contact our team to ensure you meet all legal deadlines.

What compensation can I receive?

You may be entitled to recover medical expenses, lost income, diminished earning capacity, pain and suffering, and other damages depending on the facts of your case.

Is there a cap on damages in Texas?

Yes. Texas law places caps on non-economic damages in medical malpractice cases. These limits vary based on whether the provider is an individual or a healthcare institution.

What should I do if I experience failure to treat?

Seek immediate medical attention from another provider to protect your health. Then, contact a medical malpractice attorney from our firm who can investigate and advise you of your legal rights.

What if I am partially at fault?

Texas follows a modified comparative negligence rule. If you are found less than 51% responsible, you may still recover damages, though your compensation will be reduced in proportion to your share of fault.

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