Failure to Treat

090424_CSCS_APE30
Legally Reviewed by
Allan Siegel

Updated 2 years ago

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Sheldon describes how a routine elective surgery left his wife with permanent anoxic brain injury, requiring around-the-clock care. Attorney Joseph Cammarata took the case to trial and secured a jury verdict exceeding $35 million — a record in the Commonwealth of Virginia at the time.

Sheldon (00:05): In October of 2015, which we just hit our nine-year anniversary, my wife went in for elective back surgery. And the course of that surgery, the surgeon nicked a stomach artery coming from the back and it took them 22 minutes to figure out how to stop the bleeding. They didn’t know where it was coming from. So essentially my wife coded for 22 minutes, no oxygen, no blood getting to the brain, she should have died. But they finally sutured her up and she lived because she’s a fighter, but she now and then had anoxic brain injury and nine years later she still can’t perform any of the activities of daily living. She never will be able to. She’s incontinent. She requires a caregiver 24/7, and I’m that caregiver about 70% of the time. My kids were 13 and 16 at the time. So I had to kind of say, well, mommy’s not coming home from the hospital the next day, and eventually your mother’s not going to be coming home the same.

Sheldon (01:00): So they now kind of take care of her and they don’t have a mom anymore that they knew, and I can’t replace her in that sense. Her salary and she was working at the time, was going to go to the college education and I was working. So it changed a lot of things, but primarily we just lost the person we knew to love. So at the point when I finally realized I wanted to get some legal assistance, I shopped around a little bit and then I thought about Joe and I’m glad I did. So I came to this office and we talked about the case and he was aware that she’d been injured, but didn’t know any of the details, and he looked into it and said, this is a case I want to take on. I want to help you guys. The jury voted in favor of us.

Sheldon (01:49): The award was the highest in this Commonwealth of Virginia at the time. It was excess of 35 million. Help you address it. Do you know that I had anoxic brain interest? You do. So if I was in my shoes again or talking to someone about what they would do, I would call this firm. I think they’re really great. They’re good people. They’ve been doing this for a long time. So I just think you would get a fair shake here and you would be well treated. And it’s not, again, just attorneys. It’s a team of people behind the scenes that will help you. So I’m not being paid to give this endorsement, but I think they’re really good for.

Medical Malpractice & Failure to Treat Your Medical Condition

Washington, DC Medical Malpractice Lawyer

Thousands of people will file lawsuits this year against a health care provider for not properly treating their medical condition. Many times, failures to treat occur as a result of a misdiagnosis, delayed diagnosis, or the failure to diagnose an underlying medical issue.

At Chaikin, Sherman, Cammarata & Siegel, P.C., our medical malpractice attorneys have the resources and experience to handle these challenging claims for residents throughout the DC metro area. Allegations of medical negligence require extensive evidence and supporting arguments to be proven in court, which is why working with a lawyer is extremely important after you suffered preventable harm at the hands of a medical professional or any other medical care provider.

Learn more about pursuing a medical malpractice claim when you call us for a free consultation.

Understanding Negligence & Failure to Treat

All medical malpractice claims are centered on proving negligence, and claims involving failures to treat are no different. This means victims will need to show that a medical professional or another party responsible for medical services and care failed in their duty to provide a reasonable and expected standard of care.

Some examples of common cases involving failures to treat:

MISDIAGNOSIS

If your healthcare provider misdiagnoses you, you could be treated for a medical condition you do not actually have. This can not only put you at risk of suffering harm due to unneeded treatment, but also at risk for suffering complications and additional harm caused by your true underlying condition that was not properly diagnosed and for which you are not getting treatment.

For instance, if your healthcare provider believes you have a certain type of cancer, then surgery might be suggested, even though it may be on the wrong part of your body, and even though it will likely not resolve your true medical condition. You could also be administered medication for an illness that you do not have, which could prove harmful if you do not need the medication and if it makes any medical problems you do have even worse.

FAILURE TO DIAGNOSE / DELAYED DIAGNOSIS

Failures to diagnose an underlying condition, or any delays in diagnosing the condition, can be disastrous in the event of a serious medical issue. Doctors and other health care providers have an obligation to diagnose a condition that other medical professionals would agree can and should be diagnosed. If for some reason they fail to meet this obligation, as a result of oversight, incorrect data, or sheer negligence, victims may not receive the type of treatment they need to address their underlying condition.

Diagnostic errors commonly account for failures to provide treatment. While they are often committed by medical professionals who provide substandard care when evaluating a patient, testing them, and / or interpreting the results of tests, diagnostic issues can also arise for other reasons. In a recent event involving the DC public health lab, for example, the lab committed an error when testing hundreds of blood samples for the Zika virus.

As a result of the error, some patients, including pregnant women, were told they did not have Zika, only to later find out that they did have the virus when their blood was retested. As a result, these patients did not receive treatment or medical monitoring during pregnancy.

Zika is particularly concerning to pregnant women, as it can be passed to their baby and cause serious birth defects. In this instance, the lab could be held accountable for any damages victims suffer as a result of their failures to properly perform blood tests, which lead to mothers and their unborn babies being untreated.

Find Out if You Have a Case by Contacting Our Firm!

If you believe that you or someone you love were not treated with the expected standard of care, you might have a valid claim for compensation. Our legal team at Chaikin, Sherman, Cammarata & Siegel, P.C. can review your situation and help you better determine if you are the victim of malpractice or other failures committed during your testing and treatment.

If it is determined that you were the victim of medical malpractice because your healthcare provider did not properly treat you, you might be entitled to compensation for medical bills, pain, suffering, and loss of wages, among other damages. To find out if you have a case, contact us for a FREE consultation.

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