Under Texas law, patients who suffer harm due to a healthcare provider’s negligence may bring a medical malpractice claim. Failure to treat a patient’s condition despite clear evidence of illness or injury can rise to the level of malpractice when it deviates from accepted medical standards and causes avoidable harm. At Davis Law Group, our failure to treat lawyers in Houston will fight for patients whose health has been jeopardized by medical providers who failed to act when treatment was necessary.
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.