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California Malpractice Attorneys Who Defend Clients Against Failure to Treat Claims

Protecting doctors’ rights when patients allege injuries caused by delayed diagnosis and treatment

The Ontario-based law firm of Davis, Grass, Goldstein & Finlay solely represents healthcare providers in the Los Angeles area. Our legal team protects the rights of medical professionals facing malpractice lawsuits or disciplinary actions because of allegations of patients’ delayed or absent treatments.

Plaintiffs’ attorneys often present a hindsight perspective of what they believe you should have done. Retrospection typically does not account for the facts as they stood at the time you examined and advised your patients. Our medical malpractice defense against delayed treatment and failure to treat claims involves gathering evidence that demonstrates the reasonability of your decisions and proves that your patients' injuries did not result from doctor negligence.

Common claims related to delayed treatment

Physicians have a duty to assess their patients’ health statuses, diagnose medical conditions and provide appropriate treatments. Many essential factors go into making decisions that are best for patients, and yet they still may not work because of a patient’s actions, outside influences or simply the unpredictable nature of medical conditions and treatments. When a patient does not improve, you face second-guessing from patients who may allege that you committed the following errors:

  • Failed to obtain a patient’s medical history — Each patient’s medical background and current health condition is unique and must be fully assessed before diagnosing disease or ordering treatment. A patient may claim that you failed to perform this function adequately or at all.
  • Failed to perform medical tests — Doctors must weigh the need for diagnostic tests with the effect on their patients’ health and well-being. In addition, unnecessary tests can cost a patient financially without providing a benefit. Your patient may try to question your reasonable decision to forgo certain tests that could have resulted in quicker treatment.
  • Failed to advise the patient about available treatments — Not all treatments are the right call for all patients. When deciding which treatments to prescribe, doctors typically consider such matters as efficacy, risks of adverse reactions, potential side effects and the patient’s ability to pay through insurance coverage or out of pocket. After conducting a careful analysis, you may rule out a treatment option that is inappropriate, regardless of what your patient read, saw advertised or heard about from a self-help group.
  • Failed to respond to an emergency — Emergency rooms are often crowded and hectic as staff and doctors quickly assess patients’ medical conditions and treatment options. Triage that is built into hospital protocol guides crucial — sometimes life-and-death — decisions, but it is an imperfect system that can delay treatment for some patients.

Consult with our experienced medical malpractice defense lawyers

Learn more about defending your rights against medical malpractice allegations. Call Davis, Grass, Goldstein & Finlay at 909.476.2662 or contact us online to schedule an appointment. Our conveniently located law offices are near the intersection of I-10 and I-15 and close to the Ontario International Airport. We take cases in Riverside and San Bernardino counties and throughout Southern California.