Chicago Failure to Treat Malpractice Lawyer
A failure to treat is about missed responsibilities, ignored warning signs, and medical decisions that fall below accepted standards of care. Patients are sent home without treatment. Care is delayed when it should have started immediately. Conditions get worse while no one takes action. Sometimes, patients die.
Hospitals and insurance companies often argue that nothing more could have been done. At Ankin Law, our failure to treat malpractice lawyers focus on what should have been done and when. Then we make negligent healthcare providers pay for the harm they caused.
“In failure to treat cases, the warning signs were there. Treatment should have started, and it didn’t. When doctors fail to act, patients get hurt. That’s not acceptable.”
— Howard Ankin, Founder, Ankin Law
If you believe a healthcare provider failed to treat your condition, call Ankin Law today at (312) 600-0000. The consultation is free.
Table of Contents
What Is Failure to Treat Medical Malpractice?
Failure to treat medical malpractice happens when a healthcare provider knows, or should know, that a patient needs medical care and fails to provide it.
These cases are not about rare outcomes or unpredictable medicine. They are about providers who recognize a problem, see clear warning signs, or receive abnormal test results and still fail to act. When treatment is delayed or never started, patients suffer harm that proper care could have prevented.
Under Illinois law, this type of inaction can constitute medical negligence.
How Does Failure to Treat Happen in Chicago Hospitals?
Failure to treat cases often follow a predictable pattern.
Center:
Injured by a medical provider? Check out our medical malpractice knowledge center to learn more about medical malpractice cases.
Missed Follow-Up Care
A provider identifies a condition but does not order treatment, specialist referrals, or follow-up testing. Without action, the condition worsens.
Delayed Emergency Treatment
Emergency rooms are fast-paced environments, but delays in treating strokes, heart attacks, infections, or internal bleeding can cause permanent injury or death.
Ignoring Abnormal Test Results
Lab work, imaging, and vital signs may clearly indicate a serious problem. When providers fail to review or respond to these results, patients are left untreated.
Premature Discharge
Patients are sometimes discharged despite unresolved symptoms, unstable conditions, or abnormal findings that require continued care.
Center:
Injured by a medical provider? Check out our medical malpractice knowledge center to learn more about medical malpractice cases.
When Does Failure to Treat Become Medical Negligence?
Failure to treat becomes medical negligence when a provider’s inaction falls below the accepted medical standard of care and causes harm.
The Medical Standard of Care in Illinois
Healthcare providers are required to act as reasonably careful professionals would under similar circumstances. Failure to treat may violate this duty when providers ignore:
- Known diagnoses that require treatment
- Clear signs of deterioration
- Established medical protocols
- Risks that could have been reduced or avoided
Proving Causation and Damages
Failure to treat cases come down to timing. Your lawyer must show that timely treatment would have changed the outcome. This is often proven through:
- A worsening medical condition
- Permanent injury or disability
- Additional procedures or hospitalizations
- Reduced life expectancy or death
Failure to Treat vs. Misdiagnosis
Misdiagnosis involves identifying the wrong condition. Failure to treat involves failing to act once the condition is known or should have been addressed.
Failure to Treat vs. Delayed Diagnosis
Delayed diagnosis focuses on late discovery. Failure to treat focuses on what happened after discovery or after clear warning signs appeared.
Common Injuries Caused by Failure to Treat
Failure to treat frequently leads to severe, life-altering injuries for patients across Chicago and Illinois.
- Stroke-related brain damage
- Heart attack complications
- Sepsis and uncontrolled infections
- Cancer progression Amputations
- Wrongful death
When treatment is delayed or denied, patients often face longer recoveries, permanent impairments, or fatal outcomes.
Failure to treat cases are built on timelines. Medical records often show exactly when treatment should have started and when nothing happened. Those gaps are rarely accidental and often become the strongest evidence in a malpractice claim.
Who Can Be Held Liable for Failure to Treat in Chicago?
Failure to treat is rarely the fault of one person alone. Responsibility may fall on:
- Doctors and surgeons
- Emergency room physicians
- Nurses and hospital staff
- Hospitals and healthcare systems
- Urgent care facilities
Healthcare institutions cannot hide behind bureaucracy when patient safety is compromised.
Call Ankin Law at (312) 600-0000 to find out who can be held liable for your injuries.
We Are the Attorneys Chicago Trusts.
Highly Recommended!!
Did an awesome job helping my Husband with his case. Very professional and always getting back to us with an answer. Karolina, thank you for all your help on always getting back to us when we had questions. Definitely will go back if I needed a lawyer again. Very patient with us and did not pressure us at all!
How Ankin Law Handles Failure to Treat Cases
Failure to treat cases require experience, preparation, and a clear understanding of how hospitals operate.
Medical Record Review
We review charts, test results, and timelines to identify when treatment should have occurred.
Medical Expert Support
Independent medical experts explain how proper treatment would have changed the outcome.
Hospital and Policy Investigation
We look beyond individual providers to uncover institutional failures that contributed to the harm.
Insurance Defense Strategy
We anticipate how hospitals and insurers defend these cases and prepare for those arguments from day one.
Trial-Ready Preparation
Every case is built as if it will be presented to a jury.
Damages in Failure to Treat Malpractice Claims
Illinois law allows injured patients and families to pursue financial recovery for losses caused by medical negligence.
Medical Costs
You can recover the cost of hospital care, treatment, and future medical needs.
Lost Income
This includes time missed from work and loss of earning capacity.
Pain and Suffering
These are non-economic damages like physical pain, emotional distress, and reduced quality of life.
Permanent Injury or Disability
You may be entitled to compensation for lasting impairments or limitations.
Wrongful Death Losses
Financial and personal losses suffered by surviving family members may be recoverable.
Illinois Deadlines for Failure to Treat Claims
Failure to treat malpractice claims in Illinois are subject to strict deadlines.
Statute of Limitations
Generally, claims must be filed within two years of discovering the injury.
Statute of Repose
Most claims are barred after four years, regardless of discovery.
Exceptions for Minors
Children have extended deadlines under Illinois law.
Why Early Legal Action Matters
Delays risk lost evidence and weakened cases.
Frequently Asked Questions About Failure to Treat Malpractice
Is failure to treat considered medical malpractice in Illinois?
Yes. When a provider fails to act according to medical standards and causes harm, it qualifies as malpractice.
Do I need medical records to start a claim?
No. Ankin Law obtains and reviews all necessary records for your case.
How long do failure to treat cases take?
Timelines vary, depending on the facts, the injuries involved, and whether the case proceeds to litigation. Strong preparation often leads to faster, better outcomes.
Talk to a Chicago Failure to Treat Malpractice Lawyer Today
When medical providers fail to act, patients and families are left dealing with the consequences. Our experienced malpractice lawyers can help you understand what happened and what comes next.
Call (312) 600-0000 or contact Ankin Law online to speak with a Chicago failure to treat malpractice lawyer serving clients throughout Illinois.