What is not considered medical malpractice?

Medical malpractice is one of the leading causes of preventable deaths in the U.S. There are any number of ways that medical malpractice can occur including misdiagnosis or failure to diagnose, errors in medication, premature discharge from a hospital, misreading or ignoring lab results, or failure to obtain informed consent.

What all legitimate cases of medical malpractice have in common is that the victim was injured as a result of negligence on the part of a hospital, doctor, nurse, or other healthcare provider. It’s important to bear in mind that negative treatment outcomes don’t always mean that patients have legitimate medical malpractice claims. 

If you believe you have been injured due to medical mistakes made by a doctor or another healthcare professional and want to file a claim for malpractice, the question then becomes do you have a case?

While some cases of medical malpractice are straightforward, others are more complicated and often depend upon complex medical and legal questions. The best choice is to consult with an experienced medical malpractice attorney who can explain what is considered medical malpractice and what isn’t.

Misconceptions about medical malpractice

Medical malpractice lawsuits are more complicated than other types of personal injury cases because you have to be able to prove that medical negligence on the part of a healthcare provider was the direct cause of your injuries.

The following are situations that are not medical malpractice cases:

• Worsening condition of a patient regardless of the actions of healthcare professionals
• Rushed or rude staff
• Untreatable conditions
• Adverse or bad outcomes

To have a legitimate medical malpractice claim, you and your attorney are required to prove the following:

• You have an established doctor-patient relationship with the healthcare professional in question
• The healthcare professional breached the standard duty of care
• You sustained an injury
• Your injury was a direct result of the healthcare professional failing to meet the standard duty of care.

Getting the facts straight

Do you have a medical malpractice case? Without the help of a legal team that specializes in these types of cases, it could be difficult to determine whether your injury resulted from negligence or from a negative outcome of your treatment. Visit our website to learn about some common examples of medical malpractice.

Attorney Scott S. Harris works with recognized medical experts, accident investigators, and economists in determining the cause of an accident and its full financial impact on the victim. Contact the office to schedule a free consultation. All cases are taken on a contingency fee basis.