A non-performed procedure is when a doctor fails to diagnose and treat a medical condition, and that failure leads to injury for the patient. Liability for non-performed procedures is common in conditions where it is important that a patient receive early treatment in order to have the best chance of survival.
These conditions can include, lung cancer, breast cancer, colon cancer, heart attacks, or appendicitis. As all of these conditions require early treatment, a failure to diagnose can be fatal to the patient and can lead to a claim of medical malpractice.
Can a Doctor Be Liable for Not Performing a Procedure?
All doctors have a duty to abide by a certain standard of care. This duty requires them to perform as a reasonable doctor in good standing would act in a similar case. If a doctor's conduct falls below this standard and his actions causes injury to the patient, the doctor might be liable for medical malpractice.
In order to succeed in a medical malpractice case for a non-performed procedure, the patient has to show that the doctor was negligent in failing to diagnose the patient's condition earlier. The key to succeeding in a medical malpractice case is proving that the patient would have been better off if the doctor hadn't failed to timely diagnose and treat the patient's condition. This is usually easily proved if the medical condition is one that gets more serious and fatal with time, such as cancer.
Do I Need an Attorney?
Failing to timely diagnose a condition can sometimes lead to some very serious side effects. If you believe that your doctor should have discovered and treated your medical condition earlier, you may wish to contact an attorney right away. A qualified personal injury lawyer or medical malpractice lawyer can advise you on your claim, and can assist you with filing the necessary paperwork with the court.