Gorovitz & Borten, P.C.
Attorneys at Law

550 Cochituate Road, Suite 25
Framingham, Massachusetts
Tel: (781) 890-9095
Failure to Treat
A doctor's failure to treat may be malpractice if the failure to treat
was due to negligence or substandard care and includes: Failing to
perform necessary or correct medical tests; failing to treat a known
medical condition in a timely manner or at all; failing to refer a patient
to other specialists when the condition demands it. A doctor’s failure
to treat a patient does not amount to medical malpractice unless
damages are shown to be the result of the failure to diagnose and/or
treat a condition.

Failure to treat encompasses not only lack of treatment but also
delayed treatment or providing the wrong treatment as well as a
medical misdiagnosis.

•        Medical misdiagnosis
•        Failure to order necessary tests
•        Failure to conduct a complete examination
•        Failure to treat
•        Delayed treatment
•        Erroneous treatment

A failure to treat or delayed treatment that results in injury or disease
progression above and beyond the normal course of events a
disease would have produced had a timely diagnosis and treatment
been made amounts to a valid cause of action for medical
malpractice. The validity of a cause of action pivots on the
assessment of what a ‘reasonably prudent physician’ would have
done ‘under similar circumstances’. That includes:

•        Formulation of a differential diagnosis;
•        Ordering appropriate tests;
•        Obtain required consultation with other specialists
•        Discuss alternative treatment options
•        Lost chance of timely treatment

When a medical provider institutes an erroneous treatment, harm to
the patient is magnified by harm caused by the wrong treatment
and/or medication as well as the progression of the actual condition
which continues untreated. Erroneous treatment is usually the result
of an incorrect diagnosis. Dismissal of presenting symptoms as
minor, temporary or not worthy of treatment may cause worsening of
the underlying condition. First impression or intuition based
diagnoses tend to limit a physician’s inclusion of an appropriate
differential diagnosis.

A common misdiagnosis that leads to a failure to treat with
progression of the underlying disease is the failure to diagnose an
infection. While the occurrence of an infection itself does not amount
to medical malpractice, failure to promptly diagnose the infection in a
timely fashion may have serious consequences. In extreme cases,
the failure to diagnose an incipient infection may lead to the more
serious diagnosis of sepsis. Sepsis is the overwhelming response by
the body to a persistent and progressive infectious process.
Progression of an infection to the stage of generalized sepsis
frequently results in death.  

If you believe that you or your loved one have been injured as a
result of an failure to treat that was diagnosable, avoidable and/or
preventable, you may have a valid cause of action. The injury may
be the result of a medical provider's mistake in handling your medical
presenting condition and the result of medical negligence. Dr. Borten
is an experienced trial attorney and also has over 35 years of
experience as a physician/surgeon to fully evaluate the merits of
your potential case. Allow the medical malpractice attorneys at
Gorovitz & Borten help you assert your rights and get the
compensation you deserve.
Contact Information
For a free confidential consultation and receive a response within 24
hours (when possible), please contact us by phone, fax or e-mail with
your question or concern.

Telephone:  781-890-9095     -     Fax:   781-890-9098
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