Failure to Treat

Ignored Symptoms, Missed Care

When you place your trust in a California doctor or hospital, you deserve full attention and prompt action. Yet, some patients experience “failure to treat”—when a medical provider delays, neglects, or outright refuses necessary care. This can have life-changing consequences, especially if a condition worsens while help is ignored. If you suspect you or a loved one suffered because a provider failed to treat your medical needs, you are not alone. Many Californians face similar challenges, and support is available.

Across the state, medical errors can happen in different ways. Sometimes, it’s a missed diagnosis; other times, a clear condition is overlooked. These situations often overlap with issues like diagnostic errors and medication errors, which are also serious forms of medical malpractice.

What Is Failure to Treat?

Failure to treat is a form of medical malpractice that happens when a healthcare provider does not give the care that a patient’s condition requires. This could mean:

• Ignoring patient complaints
• Delaying essential tests or treatments
• Failing to refer to a specialist
• Discharging a patient too soon
• Not following up after abnormal test results

Unlike surgical errors or birth injuries, these cases often involve inaction rather than a specific mistake.

California Laws That Protect Patients

California has strict standards for medical professionals set by state law and enforced through both the courts and regulatory boards. Under the California Medical Injury Compensation Reform Act (MICRA), patients who suffer harm due to a provider’s negligence—such as failure to treat—can seek compensation.

Key legal points:

• You typically have one year from discovery of the injury, or three years from the date of the incident, to file a claim. This is called the “statute of limitations.”
• California law (Civil Code § 1714.8) states that healthcare providers must act with reasonable care and skill.
• If you are harmed in a hospital or emergency room, you may also have claims under federal rules like the Emergency Medical Treatment and Labor Act (EMTALA).

If you are also dealing with wrongful death because a loved one’s condition was ignored, you have specific rights under California law.

Doctor and Hospital Responsibilities

In California, all licensed healthcare providers—including doctors, nurses, and hospitals—owe their patients a “duty of care.” That means they must:

• Evaluate symptoms fully
• Order necessary diagnostic tests
• Provide or recommend appropriate treatment
• Refer to specialists when needed
• Communicate results and follow up

A provider who fails in these duties may be held liable for resulting injuries. For example, if a doctor ignores symptoms of a heart attack, delays cancer treatment, or sends a patient home without proper tests, they may be responsible for harm caused by that delay.

Steps You Can Take

If you suspect failure to treat in California, here’s how you can protect yourself and your family:

• Seek a second opinion: Visit another doctor for an independent assessment.
• Document everything: Keep records of symptoms, appointments, and communications with providers.
• Request your medical records: You have the right to access your full medical file.
• File a complaint: Report concerns to the Medical Board of California if you believe your provider was negligent.
• Consult with a lawyer: An attorney experienced in medical malpractice can help you understand if you have a claim.

For cases involving specific types of mistakes, you might also want to review detailed articles, like How to Prove Failure to Treat Negligence or Common Consequences of Failure to Treat.

What Damages Are Available?

A successful California failure to treat claim can include compensation for:

• Medical costs (past and future)
• Lost income from missed work
• Pain and suffering
• Loss of enjoyment of life
• In some cases, punitive damages (if the conduct was reckless)

California’s MICRA law limits “non-economic” damages (like pain and suffering) in medical malpractice cases, but there is no cap on economic damages such as lost wages or medical bills.

If your case involves anesthesia errors or medication errors, your damages may also cover the consequences of those specific mistakes.

Frequently Asked Questions about Failure to Treat in California

What counts as failure to treat in California? Failure to treat occurs when a healthcare provider in California does not diagnose, address, or respond to a patient’s medical needs in a timely and appropriate manner, leading to harm.

How long do I have to file a claim for failure to treat? You generally have one year from the date you discover the injury, or three years from the date the injury occurred, whichever comes first, to file a medical malpractice claim in California.

Can I sue a hospital for failure to treat in California? Yes, hospitals in California can be held liable if their staff’s failure to provide necessary care results in injury, especially if policies or supervision contributed to the neglect.

What should I do if my doctor ignored my symptoms? Seek a second medical opinion, gather your records, and consider contacting a lawyer experienced in California medical malpractice to review your case.

Are there limits on medical malpractice damages in California? California law limits non-economic damages in most medical malpractice cases, but economic damages like lost wages and medical bills are not capped.

We're Here to Support You

If you or someone you love experienced harm due to a provider’s failure to treat, you deserve answers—and may be entitled to compensation. The team at Attain Law understands the pain and frustration these cases cause. We’re committed to holding healthcare providers accountable and pursuing justice for California families.

Questions? Reach out to Attain Law at (888) 970-8627 or contact us today for a free consultation. Your recovery matters, and we’re here to support you every step of the way.