Failure to Treat Attorney in Houston, Texas

When you go to a healthcare provider, you expect to be taken care of properly. Unfortunately, that doesn't always happen.  

Sometimes, medical professionals fail to provide the necessary treatment, which can lead to serious consequences. It could cause your condition to worsen, leading to more severe health problems or even death. When this happens, it is known as "failure to treat" and is a form of medical malpractice. 

Failure to treat can happen in various ways: 

• Misdiagnosis: When a doctor fails to correctly diagnose your illness, they cannot treat it properly. 

• Delayed diagnosis: If your condition is diagnosed late, the treatment might not be effective. 

• Ignoring symptoms: Sometimes, doctors dismiss or ignore symptoms that should have been addressed. 

• Inadequate follow-up: Failing to follow up on test results or not scheduling necessary appointments can also lead to a lack of treatment. 

• Improper medical testing: When essential tests are not ordered or interpreted correctly, it can prevent accurate diagnosis and treatment. 

• Refusal to treat: This is when a healthcare provider might refuse to treat a patient based on various factors, potentially contravening ethical standards. 

• Medication errors: Prescribing the wrong medication or dosage can result in insufficient treatment or harmful side effects. 

• Failure to refer to specialists: Not referring a patient to a specialist when needed can delay treatment and exacerbate health issues. 

• Insufficient communication: Poor communication among healthcare providers or with the patient can lead to missed or misunderstood instructions, affecting the treatment plan. 

If you’ve been impacted by this form of medical malpractice, it’s important to seek legal help as soon as you can for your best chance at securing the full financial compensation you deserve.

Call me at Jose Orihuela, Attorney at Law in Houston, Texas, to set up an initial consultation.

Jose Orihuela, Attorney at Law has an office in Webster, and I serve clients, families, and industrial workers throughout South Houston, Pasadena, Clear Lake, Friendswood, League City, Alvin, Dickinson, Bacliff, Kemah, Seabrook, and Santa Fe. 

How Failure to Treat Affects You 

The impact of failure to treat can be devastating. Here's how it might affect your life: 

• Physical harm: Your condition may worsen, leading to more pain, suffering, or permanent disability. 

• Financial strain: You could face additional medical bills, lost wages, and other expenses. 

• Emotional distress: The stress and anxiety caused by not receiving the care you need can take a significant emotional toll. 

• Loss of trust: Medical malpractice can erode one’s trust in healthcare providers, making it more difficult to seek and follow through with future medical advice. 

• Reduced quality of life: Chronic or untreated conditions can significantly impact your daily activities, independence, and overall enjoyment of life. 

• Relationship strain: The physical and emotional burdens of untreated medical conditions can strain relationships with family and friends, leading to feelings of isolation. 

• Long-term complications: Effective early treatment is often crucial in preventing long-term complications. Failure to treat can cause prolonged illness and additional health issues that could have been avoided. 

• Legal and insurance issues: Pursuing legal action for medical malpractice can be stressful, involving significant time and financial resources, and with no guarantee of a favorable outcome. 

Failure to Treat Laws in Texas 

In Texas, medical malpractice laws are designed to protect patients from negligent healthcare providers. Here are some key points you should know: 

• Statute of limitations: You must file a medical malpractice claim within two years from the date of the injury or when the injury was discovered. 

• Expert witness requirement: Texas law requires that you provide an expert report from a qualified medical professional to support your claim. 

• Damage caps: There are limits to the amount of non-economic damages (such as pain and suffering) you can recover in a medical malpractice case. 

• Proportionate responsibility: Texas follows a modified comparative negligence rule. If you are found to be more than 50% responsible for your injuries, you cannot recover any damages. 

• Pre-suit notice: A 60-day notice of your intent to file a malpractice claim must be given to each healthcare provider involved before you can initiate a lawsuit. 

What to do if You Experience Failure to Treat 

If you believe you have been a victim of failure to treat, you must take immediate action: 

• Seek medical help: Make sure you get the necessary medical care to address your condition. 

• Document everything: Keep detailed records of your symptoms, treatments, and any interactions with healthcare providers. 

• Contact an attorney: A personal injury attorney can help you explore your options. 

• Preserve evidence: Medical records, prescriptions, test results, and any communication with healthcare providers could support your case. 

• Avoid public statements: Refrain from posting details about your case on social media, as these statements could be used against you in legal proceedings. 

• Follow up regularly: Make sure you attend all follow-up appointments with your current healthcare providers to create a continuous record of your health condition and treatments received.