All trained medical personal have a legal obligation to provide you with proper medical treatment. A doctor can refuse to treat you for a variety of reasons, but when you are in a doctor/patient relationship with them, they are obligated to provide you with proper medical care. If they fail to provide you with proper care, they can be held legally liable for their actions (or lack of action). Negligence arises when doctors and other health care providers fail to give you the type (or standard) of care that a reasonable doctor or health care provider would provide. Negligence can arise from a medical professional performing a treatment in a manner that is sub-standard and/or harmful, providing the wrong treatment for your condition, or failing to provide the required treatment for your particular condition. Not every mistake on the part of a doctor is considered negligence. If the doctor performed all the tests that another professional would have done in the same circumstance and failed to detect your condition, negligence may not be able to be proven. Similarly if the patient fails to inform the doctor of necessary details surrounding the condition or other past medical conditions that may be relevant, or if the patient fails to follow the treatment prescribed by the doctor, then negligence may not be able to be proven. A malpractice suit should be launched within two years of the treatment, or within 2 years of finding out about the harm done by the treatment. The earlier the better, as witnesses are easier to locate and memories and medical records are more complete and accessible.
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