Cranston Failure to Treat Lawyer

When you trust a medical professional with your health, you expect timely, competent treatment. Unfortunately, in some cases, doctors, nurses, or hospitals fail to provide necessary medical care—even when your symptoms, test results, or condition clearly call for it. This is known as failure to treat, and it can lead to devastating consequences, from prolonged illness to permanent disability or even death.

Our Cranston attorneys at Decof, Mega & Quinn, P.C. fight for patients whose conditions worsened because they were denied prompt, appropriate treatment. If you or a loved one suffered harm due to a failure to treat in Rhode Island, you may be entitled to compensation for your losses.

Call (401) 200-4059 today to schedule a free consultation with our experienced team.

What is Considered Failure to Treat?

Failure to treat occurs when a healthcare provider recognizes—or should have recognized—a patient’s medical condition but fails to provide timely and appropriate care. This is different from a failure to diagnose case, which involves not identifying the condition in the first place. In failure to treat situations, the provider typically knows (or should know) what is wrong but does not take the necessary steps to help the patient.

Examples of failure to treat can include:

• Not ordering treatment despite confirmed test results
• Ignoring medical guidelines for urgent care
• Discharging a patient too soon without treatment
• Refusing to treat due to insurance or payment issues
• Not following up on a diagnosed condition

These failures are often preventable and may constitute medical malpractice when they result in harm.

Common Examples of Failure to Treat

Failure to treat can arise in many medical settings—from emergency rooms and hospitals to private practices and urgent care facilities. Common examples include:

• Ignoring Test Results: A doctor may receive lab work, imaging scans, or biopsy results confirming a serious condition but fail to act on them promptly.
• Not Providing Necessary Medication: Even when a diagnosis is clear, failing to prescribe antibiotics, chemotherapy, anticoagulants, or other critical medications can lead to rapid deterioration.
• Delayed Emergency Care: Heart attacks, strokes, and other emergencies require immediate action. Any delay in treatment can mean the difference between recovery and severe disability.
• Failure to Admit or Transfer: Patients who need hospitalization or specialized care may suffer when a provider fails to admit them to a hospital or transfer them to a facility equipped to handle their needs.
• Untreated Infections: Minor infections can escalate into sepsis or other life-threatening conditions when not treated in time.

Common Causes of Failure to Treat

Failure to treat often results from a combination of systemic problems and individual negligence. Some of the most frequent causes include:

• Miscommunication: Test results or patient information may not be properly relayed between doctors, nurses, or specialists, causing treatment delays.
• Administrative Errors: Scheduling mistakes, lost paperwork, or incorrect charting can lead to missed treatment opportunities.
• Inadequate Follow-Up: Doctors may fail to contact patients with test results or neglect to schedule necessary follow-up appointments.
• Insurance or Payment Disputes: Some providers refuse or delay treatment while waiting for insurance approval—putting financial concerns above patient safety.
• Overworked or Understaffed Facilities: Hospitals and clinics struggling with staffing shortages may overlook patients who need immediate care.

Proving a Failure to Treat Claim

In Rhode Island, a successful failure to treat medical malpractice case generally requires proving:

• Duty of Care – The provider owed you a professional duty to treat your condition.
• Breach of Duty – The provider failed to provide the treatment a reasonably competent professional would have offered under the same circumstances.
• Causation – The lack of treatment directly caused your injury or worsened your condition.
• Damages – You suffered measurable harm, such as additional medical bills, lost wages, pain and suffering, or permanent disability.

At Decof, Mega & Quinn, P.C., we work with trusted medical experts to review your records, evaluate the provider’s actions, and determine whether you have a strong case.

Failure to Treat Claim FAQs

How do I know if I have a valid failure to treat claim?

If you had a confirmed diagnosis or symptoms that clearly required care, but your provider did nothing—or delayed treatment—and your condition worsened as a result, you may have a valid claim.

Is failure to treat always medical malpractice?

Not necessarily. Sometimes delays are unavoidable due to patient-specific risks, unavailable resources, or emergency triage. However, if a provider acted unreasonably under the circumstances, it may be malpractice.

How long do I have to file a claim in Rhode Island?

Rhode Island’s statute of limitations for medical malpractice cases is generally three years from the date of the injury, though certain exceptions may extend or shorten that time.

What compensation can I recover?

Potential damages may include medical expenses, lost wages, future care costs, pain and suffering, and in severe cases, wrongful death damages for surviving family members.

Do I need expert testimony?

Yes. Rhode Island law typically requires expert medical testimony to establish that the provider’s failure to treat fell below the standard of care.

Why Choose Decof, Mega & Quinn, P.C.?

Medical malpractice cases are complex, and failure to treat claims require careful investigation, extensive medical knowledge, and aggressive legal advocacy. At Decof, Mega & Quinn, P.C., we:

• Work with leading medical experts to build strong cases
• Have a track record of securing substantial results for malpractice victims
• Handle all legal and insurance matters so you can focus on recovery
• Offer compassionate, personalized representation for every client

Contact our office to discuss the potential case.