New Jersey Failure to Treat Lawsuit

What is Failure to Treat? 

In failure to treat cases, the doctor has correctly diagnosed you, but due to negligence or some sort of medical error, fails to treat your condition properly. This is distinct from a failure to diagnose claim. A doctor’s failure to treat a serious condition can cause irreparable harm to you and your family. Here are some common examples of what could be considered a failure to treat:  

• The doctor does not treat you because you are uninsured or the doctor’s office does not accept your insurance. 
• The doctor fails to refer you to a specialist when necessary.  
• After being diagnosed, the doctor fails to continue to monitor your condition. 
• The medical professional fails to perform additional required medical tests that may support your diagnosis.  
• Your medical professional provides treatment, but does so much too slowly, and this failure to treat you in a timely manner exacerbates your condition.  
• You visit the Emergency Room and you exhibit symptoms of a heart attack or stroke, but the doctor fails to treat those symptoms and sends you home.  
• Your doctor fails to advise you of the available treatment options for your condition.  
• The doctor does not adhere to the accepted standards of care.  
• Your doctor fails to communicate key facts to you about your condition. 

Common Types of Damages That You May Pursue 

If you are injured as a result of a doctor’s failure to treat you, you may be able to pursue financial compensation for your damages by means of a lawsuit. There are three primary types of damages: economic damages, non-economic damages, and punitive damages. Here are some of the economic damages that you might be eligible pursue:  

• All medical bills, such as surgeries and procedures, trips to the emergency room, hospital stays, doctor’s appointments, prescription medication, physical therapy, and psychological therapy.  
• Assistive devices.  
• In-home care.  
• Transportation to and from the hospital or doctor’s appointments.  
• Modifications to your home, such as a wheel-chair ramp, necessitated by your injuries.  
• Lost past, present, and future wages.  
• Loss of earning capacity.  

Non-economic damages are not as simple to quantify, but can still be extensive. Here are some common examples of non-economic damages:   

• Physical and emotional pain and suffering.  
• Loss of companionship. Your most cherished relationships may suffer due to the physical, emotional, and financial trauma that you have experienced. 
• Loss of enjoyment of life. Some of the activities you enjoyed the most prior to your injuries, such as running, traveling, and playing with your children or grandchildren, may no longer be possible due to your injuries. 

Punitive damages are generally reserved only for cases where the doctor’s actions or omissions were particularly egregious, and they are designed to deter that doctor and all other doctors from engaging in similar behaviors ever again.