(845) 303-1000Many instances of medical malpractice involve a doctor performing a medical procedure incorrectly, providing a patient with the wrong type or dosage of medication, misinterpreting symptoms, or doing something else actively negligent. However, malpractice can also involve a medical professional failing to do something when providing care to a patient—and as your family may unfortunately be learning, the consequences of such a failure to act can sometimes be life-threatening.
If you or a family member experienced severe physical harm because your doctor did not perform an important medical procedure when the circumstances warranted it, you should strongly consider reaching out to one of our talented failure to diagnose attorneys in order to discuss a possible lawsuit. You may be able to seek civil compensation for the harm your doctor’s misconduct directly caused, and assistance from an experienced Schenectady failure to perform a critical procedure lawyer could be crucial to achieving the best possible case result.
Defining a Failure to Act as a Breach of the Standard of Care
As with any malpractice lawsuit, pursuing a claim for a doctor’s failure to perform a critical procedure requires proof that the doctor’s actions violated the standard of care owed to the patient. The standard of care refers to the level of skill, knowledge, and attention that another equally qualified physician would reasonably exercise under the same circumstances..
With that in mind, potential grounds to sue over injuries stemming from a failure to operate could include:
- Ignoring symptoms of a serious problem or dismissing them as innocuous
- Recommending an alternative treatment which was not as effective and which another physician would not have considered superior to the appropriate procedure
- Failing to identify the stage of development that a disease process has reached
- Unnecessarily delaying diagnosis by failing to order appropriate tests or screenings in a timely manner
Our attorneys in Schenectady could assess what led to your doctor’s failure to perform a crucial procedure and work to hold the appropriate parties accountable for the harm that resulted.
Who Else Besides a Surgeon Could Be Liable for Delayed Treatment?
On that note, an individual physician who should have performed a specific procedure is not the only person who could hold civil liability for harm caused by their failure to operate. For example, if a delayed diagnosis stemmed in part from improperly performing testing or contamination of test results, partial fault might lie with lab technicians or other parties involved in providing information to primary care physicians for diagnoses.
Furthermore, hospitals that employ negligent healthcare professionals can sometimes be held vicariously liable for the misconduct of their employees. Once again, a failure to perform a critical procedure lawyer from our Schenectady office can provide vital guidance when it comes to establishing how a particular injury occurred and seeking fair restitution for its effects.
Contact a Schenectady Failure to Perform a Critical Procedure Attorney for Assistance
If you have suffered an acute injury or are dealing with a progressive illness like cancer, a treatment delay of even a few days can potentially be a life-and-death matter. Unfortunately, some doctors still choose to delay diagnoses and treatment, even when a situation calls for urgent action.
If this kind of malpractice has led to you or a loved one sustaining serious harm, a Schenectady failure to perform a critical procedure lawyer from our firm is here to help you take legal action. Contact us today to get started.