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When Could Failure To Resuscitate Be Considered Medical Malpractice?
Posted on behalf of Peter T. Nicholl in Medical Malpractice Published on September 14, 2023 and updated on April 27, 2026.
Doctors provide care for a wide variety of medical issues, but the most important thing they do is provide life-saving treatment. For example, sometimes they need to resuscitate patients who have gone into cardiac arrest or are suffering from some other life-threatening emergency.
The problem is doctors sometimes fail to resuscitate patients. This could be because of malfunctioning equipment, a lack of proper life-saving equipment or incorrect life-saving techniques.
Yes. Failure to resuscitate may be considered medical malpractice if healthcare providers did not act quickly, lacked proper equipment, or failed to follow accepted life-saving procedures. To prove a claim, it must be shown that the provider’s actions fell below the standard of care and directly caused harm or death.
Below, we discuss when failure to resuscitate patients could be considered medical malpractice. If your loved one died because of a doctor’s failure to resuscitate, an experienced Baltimore medical malpractice lawyer from our firm may be able to help you take legal action.
Call us to discuss your potential legal options. Phone: 410-297-0271.
Why Doctors May Fail To Resuscitate Patients
There are a variety of reasons why doctors might fail to resuscitate a patient.
Failing To Have Resuscitation Equipment Available
Sometimes doctors fail to resuscitate patients because they do not have the required equipment. This may include:
- Crash cart
- Defibrillator
- Airway management equipment (endotracheal tubes, oxygen cylinders, etc.)
- Life-saving medication that may help to stabilize the patient’s vital signs
- And more
Doctors may have failed to bring in the required equipment in time. This could be because they failed to closely monitor the patient or they took too long to decide how to respond. While these can be incredibly stressful situations, doctors must provide care that meets accepted medical standards. That means they need to know how to respond and they need to respond quickly.
Errors With Resuscitation Equipment
Even if doctors have the equipment they need to provide life-saving care, sometimes doctors make mistakes when using the equipment.
For example, doctors may use equipment the wrong way. They might fail to intubate the patient properly. If the patient is a newborn or infant, doctors may apply too much pressure when performing chest compressions.
Doctors may commit errors with life-saving equipment because they are unfamiliar with it or they may be unfamiliar with the proper procedures.
Sometimes doctors know how to use the equipment properly, but there are technical problems, such as:
- Drained batteries
- Equipment failure
- Empty oxygen tanks
- Endotracheal tubes are the wrong size
- The equipment needs maintenance or there are mechanical problems that have not been fixed
- A crash cart may be secured with a padlock and doctors may not be able to find the key
- The crash cart has not been properly stocked
- The equipment may be defective or something may have been damaged when it was delivered to the hospital
Other technical errors that could affect the ability of doctors to resuscitate a patient include medication errors, such as administering the wrong medication or the wrong dose.
When Does Failure To Resuscitate Fall Below the Standard of Care?
Doctors may be held liable for injuries and damages caused by failure to resuscitate. However, victims and their lawyers must prove doctors’ failure to resuscitate was a failure to meet the standard of care.
Every case is different, which means lawyers need to carefully evaluate what occurred:
- How did doctors respond to the emergency?
- Did they have the equipment they needed?
- Did doctors use equipment appropriately?
- Did doctors fail to respond quickly enough?
- Was the patient being monitored appropriately?
Failure to resuscitate is something that could happen right after a baby is born. That is why there is supposed to be one medical professional exclusively focused on the baby. This person needs to know how to perform a complete resuscitation. They also need to respond right away. If medical professionals fail to respond within one minute, the baby is likely to suffer permanent brain damage.
Another factor that may come into play is whether the medical professionals involved in treating the patient knew the proper procedures for resuscitating patients. They need to know where the equipment is located and how to use it properly.
Sometimes a medical malpractice case could be built around the fact that doctors failed to anticipate problems. For example, they should be able to anticipate a difficult delivery may occur if the mother is overweight or has other health issues.
Doctors should also closely monitor patients who are in failing health, as they may need to be resuscitated at some point. When it comes to saving a patient’s life, time is of the essence.
Another factor that could come up in a failure to resuscitate case is neglecting to take a full medical history for the patient. Failing to do this means doctors do not have all the information about a patient. This hurts their ability to make fully informed decisions about medical care and monitoring of the patient.
Proving a medical malpractice case is a complex task, which is why you are required to bring in a medical expert. An expert can determine when doctors may have failed to meet the accepted medical standards. They can explain how doctors should have acted differently to try to save the patient’s life.
Frequently Asked Questions About Telehealth Medical Malpractice Cases in Maryland
Can telehealth providers be held to the same standard of care as in-person doctors?
Yes, telehealth providers in Maryland are held to the same standard of care as in-person providers. State regulations require that remote care meets the same practice and documentation standards as traditional treatment. The Law Offices of Peter T. Nicholl can evaluate whether a provider’s actions met those expectations.
Can I sue for malpractice if a telehealth doctor misdiagnosed my condition?
Yes, you may have a claim if a telehealth provider misdiagnosed your condition and that error caused harm. Medical malpractice requires proof that the provider failed to act reasonably and that the failure caused injury or delayed treatment. The Law Offices of Peter T. Nicholl can assess whether the diagnosis met accepted standards.
What mistakes commonly lead to telehealth malpractice claims?
Common mistakes include failure to recognize serious symptoms, improper prescribing, inadequate patient evaluation, or failure to recommend in-person care when necessary. The legal issue is whether the provider reasonably adapted care to the limitations of remote treatment. Documentation of symptoms and provider decisions is often critical to proving negligence.
Can prescribing medication during a telehealth visit be negligent?
Yes, prescribing medication through telehealth can be negligent if the provider fails to properly evaluate the patient or violates prescribing standards. Maryland regulations restrict certain prescriptions without proper patient relationships or evaluation. The Law Offices of Peter T. Nicholl can review whether prescribing decisions met legal requirements.
What evidence is important in a telehealth malpractice case?
Important evidence includes telehealth visit records, provider notes, electronic communications, prescriptions, symptom descriptions, and follow-up treatment records. These documents help establish what information was available to the provider and how they responded. Strong documentation is essential to connect negligent care to resulting injury or delayed diagnosis.
Who may be liable in a telehealth malpractice claim?
Liability may involve the treating provider, supervising physician, healthcare organization, or telehealth platform depending on how care was delivered. The legal focus is on who made the medical decisions and whether those decisions met accepted standards. The Law Offices of Peter T. Nicholl can evaluate each party’s role in the patient’s care.
Can failure to recommend in-person care be malpractice?
Yes, failure to recommend in-person care may be malpractice if a reasonable provider would have recognized that telehealth was insufficient. Telehealth providers must identify when remote limitations prevent accurate diagnosis or treatment. Failure to escalate care may lead to delayed diagnosis or worsening conditions, which can form the basis of a claim.
When should I contact a lawyer about a telehealth injury in Maryland?
You should contact a lawyer if a telehealth visit resulted in worsening symptoms, delayed diagnosis, incorrect treatment, or complications requiring additional care. Early review can help preserve digital records and provider communications that may be central to the claim. The Law Offices of Peter T. Nicholl can evaluate whether the injury resulted from negligent telehealth care.
Was Your Loved One a Victim of Medical Malpractice? Call For Legal Help
The Law Offices of Peter T. Nicholl has been representing medical malpractice victims for decades, securing millions in compensation on their behalf. We know how devastating medical malpractice can be and we are deeply committed to securing full compensation for the damages victims have suffered.
If you or a loved one were injured by medical malpractice, give us a call to discuss your potential legal options. There are no upfront fees for our services.
Call The Law Offices of Peter T. Nicholl for assistance: 410-297-0271.
