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After care is necessary for all patients, and when doctors fail to follow up adequately it can cause harm and may be considered medical malpractice. The doctor has a duty to follow the medical standards of care.Medical malpractice occurs when a medical provider's care falls below the required standard of care, and that error causes harm to the patient. Providing inadequate aftercare or failing to provide followup care can be a cause of a medical malpractice lawsuit. Failing to contact a patient about abnormal test results that require follow up is a clear error that can result in a successful malpractice claim. Justia California Civil Jury Instructions (CACI) (2023) 517. One incident of gross negligence justifies a finding of misconduct. Contributory negligence means the patient's actions or inactions caused all or part of the damages. Failing to follow a doctor's instructions can make a malpractice case harder to argue but not impossible to win. It may sound like the answer is no, but you actually CAN sue a doctor for medical malpractice if you did not follow all of the doctor's orders.