Ohio Failure to Treat Lawyer | Kisling, Nestico & Redick
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Failure to Treat Attorneys in Ohio

When you seek medical care, you should be able to trust your doctor to diagnose you accurately and provide the right treatment. When they fail to choose the proper treatment or delay your treatment to the point that your condition worsens, you may be a victim of medical malpractice. If you believe a doctor’s failure to treat your condition caused you serious harm, it’s time to talk to a lawyer. Call Kisling, Nestico & Redick in Ohio at 1-800-HURT-NOW to set up a free consultation.

What is Failure to Treat?

Doctors are expected to provide appropriate treatment in a timely manner to their patients. Patients often suffer when they use the wrong treatment or offer the right treatment later than they should. This lack of treatment or delayed treatment could cause a patient to become worse, which may result in the need for more intensive treatment or, in extreme cases, death.

Failure to Treat Examples

Virtually any time a healthcare professional neglects to treat or ignores a patient’s complaints of symptoms can fail to treat injuries and further complications.

Some common ways a doctor, nurse, or medical professional may fail to treat a patient include:

  • Not providing a patient with a specialist referral when a health issue is out of their scope of practice
  • Delaying treatment, possibly due to not taking a patient’s complaints seriously or not being confident in their diagnosis
  • Securing a diagnosis but failing to follow up on it with diagnostic tests that confirm it
  • Not telling patients about potential treatment options and consequently preventing patients from choosing the most effective options
  • Refusing to treat a patient because of their insurance coverage or lack thereof
  • Keeping patients in the dark regarding their condition or its severity, and therefore not telling them how serious it is and how necessary treatment is
  • Waiting for a diagnosis confirmation before beginning treatment when any other doctor would begin treatment immediately
  • Pushing patients to choose less effective or questionable treatments and consequently delaying the start of treatments that are more likely to work

Failure to Treat: Standard of Care

Medicine is a highly specialized field that the average layperson cannot fully understand. It’s not enough to look at a doctor’s actions, believe they’re wrong or incorrect, and have a claim. Instead, you must compare them to the standard of care in their specialized field.

This means comparing their actions to what another physician would do. Your attorney may consult with multiple other doctors with training, experience, and knowledge similar to your doctor’s. They then find out what other doctors would do when faced with a case like yours. If your doctor’s actions are significantly different from what other doctors would have done, they may have failed to meet the standard of care.

Failure to Treat: Injuries & Complications

Three main injuries may arise from failure to treat claims:

  • A need for more aggressive treatment that could have been avoided

Aggravated injuries and extended recoveries

  • Permanent health issues
  • Death

When a doctor begins aggressive treatment early after a diagnosis, it may be enough to prevent further concerns. However, letting a condition languish may then require more in-depth care. This is often more physically demanding for the patient, more costly, and requires longer recovery times.

When a condition is left to worsen because a doctor failed to treat it, patients may lose their chance at a full recovery. This means patients are left with a longer recovery or a lifetime of residual health issues and limitations they could have avoided.

The worst outcome from a failure to treat an illness is death. When doctors completely abandon their duty to a patient, the patient’s condition may become fatal.

Filing a Failure to Treat Lawsuit

If you’re considering suing for failure to treat, you’ll need to meet with an attorney, ensure that you meet the requirements for a lawsuit, and move carefully through the process.


Ohio requires that anyone filing a failure to treat lawsuit also file an Affidavit of Merit. An expert, typically another physician in the same area, provides the affidavit. They verify that they have looked over the patient’s medical records, that they are familiar with the standard of care, that the standard of care was breached in this situation, and that this breach harmed the patient.

Liability for Failure to Treat

To prove that your doctor’s failure to treat a medical condition was negligent and that you should be awarded compensation, you will have to demonstrate that all of the following are true:

  • There was a doctor-patient relationship.
  • The doctor’s medical care was below the standard of care.
  • Their failure to meet the standard of care led to your injuries.
  • Because of your injuries, you suffered measurable damages.

Failure to Treat: Damages & Compensation

As you begin fighting for failure to treat compensation, you’ll want to discuss with your attorney what type of compensation you may be owed. In Ohio, you can be awarded both economic and non-economic damages. Economic damages include:

  • Medical bills and all related expenses
  • Lost wages
  • Future medical care
  • Lost future income

Economic damages cover any actual financial losses that can be calculated. The other category is non-economic damages, which includes:

  • Pain and suffering
  • Mental anguish
  • Loss of quality of life
  • Disability and disfigurement

Non-economic damages provide compensation for those losses that are not financial.

Through an insurance claim or personal injury lawsuit, KNR will fight hard for you to recover the maximum amount possible. Since insurance companies tend to try to settle medical negligence claims quickly for less than what their worth, aggressively negotiating for the max may be the difference in your ability to get proper care or make up for your time away from work.

How KNR Attorneys Help with Failure to Treat Injuries

At KNR, we have a long history of successful outcomes for victims of medical malpractice. We understand this complex practice area and have seen firsthand how a doctor’s failure to treat can devastate families and communities. Doctors must be held to a high standard of care, and victims deserve fair and full compensation when they fall short.

With over 30 attorneys and more than 100 staff members, we strive to respond to clients quickly and keep them involved in the process. Together, we have over five centuries of experience fighting for injury victims. With KNR’s courtroom and insurance industry experience, you can feel confident and fight to hold negligent care providers accountable.

KNR’s Legal Team Will:

  • Investigate, collect evidence, and find those at fault.
  • Interview witnesses, medical professionals, and experts to show how your life was impacted.
  • Communicate with the insurer, clarify liability, and pursue max compensation.
  • Determine your injury’s full and fair value – what you lost and deserve.
  • Keep you informed and involved. KNR is available by phone, text, email, or Zoom.
  • Protect your rights and, if necessary, take your case to court.
  • Never charge you upfront. If there’s no recovery, there’s no cost.

We use every available resource so you can recover physically and financially from the harm done by medical negligence.

Failure to Treat FAQs

How long do I have to file a claim?

Per Ohio Code Title 23, 2305.113, you should start your claim no later than one year after the injury. If you do not discover the issue until later, the clock does not begin until the date on which a reasonable person could be expected to discover the issue.

Are there compensation limits for failure to treat?

There is no cap on economic compensation in Ohio. However, your non-economic damages are limited to whichever of these is higher:

  • $250,000
  • Three times your economic damages, up to a maximum of $350,000

How do I know if a doctor has failed to treat me?

People often find out their doctor has engaged in treatment malpractice when they seek a second opinion or see a specialist. The second doctor may wonder why you waited so long to begin treatment. You may also suspect that a doctor failed to treat you if you eventually received treatment but needed to undergo more aggressive treatment because of the delay.

What if failure to treat resulted in death?

If failure to treat led to a loved one’s death, their beneficiaries may want to pursue a wrongful death claim against the care provider.

Are You a Failure to Treat Victim? Call KNR

If a medical professional fails to treat you correctly, you deserve answers and compensation for your losses. Let KNR explain your legal options, what’s next, and how to recover the maximum amount possible.

Get your free, no-risk consultation. Call 1-800-HURT-NOW today.