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Improper Treatment
Overview
Even if a proper diagnosis is made, a doctor must provide the proper treatment. Conditions which are not treated properly and in a timely manner can progress and lead to many other issues.
How Are Liability, Causation, & Damages Satisfied for This Case Type
Liability
Just because a condition is not cured does not necessarily mean the doctor improperly treated the patient. There are accepted medical practices to which the doctor must abide. Failure to do so is malpractice. For example, if a doctor diagnosis an infection but fails to prescribe antibiotics, there may be liability. However, if the doctor prescribes the correct antibiotic and for whatever reason the antibiotic does not cure the infection, there is no liability assuming the doctor acted within the standard of care.
Causation
Did the failure to follow accepted medical practices cause the injury? The improper treatment must be the cause of the injury. In other words, was the injury connected to the improper treatment? If so, there is likely causation.
Damages
What are the injuries the improper treatment caused? The value of the case will be directly tied to this and this greatly varies in improper treatment cases.
