What Qualifies as Failure to Treat in Malpractice?

Missed Care, Real Harm

When you seek medical help in California, you trust your doctor or hospital will take your symptoms seriously. But what happens when treatment is delayed or denied? Medical malpractice can involve not just mistakes in care, but also a provider’s failure to treat your condition. This is known as “failure to treat” — and it’s one of the most devastating types of medical negligence. If you feel overlooked or ignored by a healthcare provider in Los Angeles or anywhere in California, you’re not alone. Attain Law attorneys are here to help you understand your rights and next steps.

If you’re dealing with complications after a diagnostic error or believe your provider’s inaction caused additional injury, you may have grounds for a malpractice claim. Knowing what qualifies as failure to treat is the first step toward getting the help you deserve.

Defining Failure to Treat

Failure to treat happens when a healthcare provider:

• Recognizes or should recognize a medical condition
• Fails to provide appropriate care, referral, or follow-up
• Causes the patient’s condition to worsen as a result

This isn’t just about missed diagnoses. Even after a diagnosis, a doctor may ignore symptoms, delay essential treatment, or discharge a patient too soon. California law holds medical professionals to a standard of care — when they fall short, and you’re harmed, it could be malpractice.

For example, surgical errors and a provider’s inaction after surgery can both lead to serious consequences.

Common Scenarios in California

Some of the most frequent situations involving failure to treat include:

• Not ordering vital tests after clear symptoms emerge
• Ignoring abnormal lab results
• Delaying treatment for infections, heart attacks, or strokes
• Discharging patients too early from the ER or hospital
• Failing to refer to a specialist when needed
• Overlooking worsening symptoms in chronic diseases
• Withholding care due to insurance or payment issues

If you or a loved one experienced any of the above in a California medical facility, you may have a valid claim. These scenarios often overlap with other medical malpractice issues such as medication errors.

California Laws That Apply

Under California’s Medical Injury Compensation Reform Act (MICRA), malpractice cases — including failure to treat — are carefully regulated. Key points:

• The standard of care is defined by what a reasonably careful medical professional would do in similar circumstances.
• Patients have two years to file a lawsuit from the date they knew or should have known about the injury.
• Non-economic damages (pain and suffering) are capped at $350,000 for cases arising after January 1, 2023.
• Hospitals and clinics may also be held liable, not just individual doctors.

If your case involves a hospital’s negligence, both the facility and provider may be responsible.

How Negligence Is Proven

To prove failure to treat in California, you must show:

• A doctor-patient relationship existed
• The provider breached the standard of care by not treating or delaying care
• This breach directly caused your harm
• You suffered real damages (medical bills, lost wages, pain, etc.)

Expert testimony is typically required. California courts often rely on specialist opinions to determine if your care fell below accepted standards.

Examples of Failure to Treat

Some real-world examples include:

• Ignoring chest pain or stroke symptoms in the ER
• Failing to treat worsening infections after surgery
• Not providing follow-up care for chronic conditions like diabetes
• Dismissing patient complaints about severe pain or side effects
• Withholding necessary medication due to insurance denials

Each case is unique. If you suspect any of these situations, review similar topics like diagnostic errors for more insights.

When Hospitals Are Liable

Not only doctors, but also hospitals and clinics can be held responsible for failure to treat if:

• Staff are inadequately trained or supervised
• Policies discourage prompt treatment
• The facility is understaffed, leading to dangerous delays

If your harm occurred in an ER, consider reading about common types of medication errors that often overlap with failure to treat.

Damages You May Claim

Victims of failure to treat in California can claim several types of damages:

• Additional medical costs for new or worsened injuries
• Lost wages or loss of future earning ability
• Pain and suffering (subject to California’s cap)
• Emotional distress
• Loss of enjoyment of life

For more information about available compensation, see understanding compensation for birth injury cases, which outlines similar damages under California law.

Action Steps if You Suspect Failure to Treat

If you believe you or a loved one suffered due to a provider’s failure to treat, here are key steps:

1. Obtain your full medical records
2. Document symptoms, communications, and changes in condition
3. Follow up with another medical provider for a second opinion
4. Consult an experienced attorney familiar with medical malpractice in California
5. Act quickly — you’ve generally got two years to file a claim

You can also read about how to prove failure to treat negligence for a deeper look at evidence needed.

How Attain Law Can Help

At Attain Law, our attorneys understand how overwhelming it is to be ignored or dismissed by people you trust with your health. We’ll:

• Review your medical records in detail
• Consult with medical experts
• Build a strong, evidence-based case
• Help you understand each step of the process
• Work to recover the damages you’re owed

Our team also supports clients facing related issues such as surgical errors and anesthesia errors.

Key Differences: Delay vs. Denial

Failure to treat can involve both outright denial of care and unreasonable delay. In California, the law treats both scenarios as potentially actionable if patient harm results. Examples:

• Delayed test results leading to missed cancer diagnoses
• Refusal to admit a patient with clear heart attack symptoms

For more on delays in care, see steps to take after a medication error injury.

Patient Rights in California

You have the right to:

• Be informed of all treatment options
• Receive timely and appropriate medical care
• Seek a second opinion
• File a complaint with the California Medical Board if you suspect negligence

Check our page on your rights under disability discrimination laws for related protections.

Preventing Future Harm

While not every bad outcome is malpractice, holding providers accountable helps protect other patients. Reporting incidents to the California Department of Public Health and the Medical Board can prompt investigations and changes in hospital policies.

You can also learn about legal options for malfunctioning appliance injuries, which offers guidance for related product liability cases.

Frequently Asked Questions about Failure to Treat in California

What is considered failure to treat in California medical malpractice law? Failure to treat occurs when a healthcare provider recognizes, or should recognize, a medical condition but fails to provide the necessary care, resulting in harm. This includes delayed treatment, ignoring symptoms, or discharging a patient too soon.

How do I prove a failure to treat claim in California? You must show a provider-patient relationship, a breach of the standard of care (such as not treating or delaying treatment), a direct link between this breach and your harm, and measurable damages. Expert medical testimony is typically required.

What damages can I recover for failure to treat in California? Victims may recover compensation for medical bills, lost income, pain and suffering (up to $350,000 for cases after January 1, 2023), and other losses. The specific amount depends on your case details.

How long do I have to file a failure to treat lawsuit in California? Generally, you have two years from the date you knew or reasonably should have known about the injury to file a medical malpractice lawsuit in California.

Can hospitals be responsible for failure to treat in California? Yes. Hospitals and clinics may be liable if their policies, staffing, or training contributed to the failure to treat or delayed care that resulted in patient harm.

Speak With a California Attorney

No one should suffer the consequences of a provider’s failure to act. If you believe your medical team failed to treat your condition and you were harmed as a result, Attain Law is ready to listen. Call (888) 970-8627 or contact us today for a free consultation. We’re here to support you and help you move forward.