Forensic, General & Medical
Expert Witnesses

When Is It Medical Malpractice VS. Just a Bad Outcome?


Expert Witness: HG.org
When a person is harmed during a medical procedure, the family and victim often feel it necessary to seek a suit against the attending physician, healthcare facility or those involved in the incident. Unfortunately, it is not always possible to seek compensation when injury occurs in these situations.

. The legal recourse available often requires the assistance and knowledge of a lawyer to provide further information and expertise and explain why one situation is just a bad outcome while another is actually medical malpractice. It is recommended by experts in the legal and medical field to consult a legal representative if this type of incident arises.

To understand the difference in a bad outcome and medical malpractice, it is important to know which applies to the situation. It has been explained by experts that a misdiagnosis, a failure to diagnose a person correctly either initially or after a problem occurs or a deviation of standard care
FIND MORE ARTICLES
all comprise instances of medical malpractice. A misdiagnosis may lead to complications, injury and death when the correct issue has not been addressed. When one medical concern has been recognized, but something occurs to alter this and the person is treated with the wrong ailment, compensation might be possible through a claim.

A Bad Outcome, not Medical Malpractice

Not every outcome that negatively impacts a patient is considered medical malpractice. There are numerous instances of injury occurring where standard procedure was followed closely, and all correct processes occurred. These may be most noticeable when death happens during an operation or medical treatment. The grieving family wants to seek legal recourse, but everything was completed as per guidelines to protect the healthcare facility. Though it is important to ensure the rights of the victim or family are protected, it is best to contact an experienced lawyer to ensure the correct path is sought when injury or death occur with a medical procedure.

Medical Malpractice Applied to the Case

When a physician or healthcare practitioner deviates from standard protocols implemented for various procedures, he or she may be liable for damages due to medical malpractice in incidents where injury or death are the result. There are instances where the doctor, trainee, healthcare facility or someone working at the hospital may be held liable for compensatory payouts based on the factors of the event that occurred. It is important to understand that the victim may be eligible for recovering costs through negotiations and settlement outside of a full case through a conference. This allows a focus on recovering from harm, moving on with life and taking much less effort and time in battles for money used on treatment and medication.

In order to be successfully provided compensation for injury or death when healthcare has been received, the victim or family of the deceased must prove negligence is the reason the incident occurred. Just because there was a bad outcome from the surgery or other procedure, this does not mean the injured person is entitled to repayment. In certain situations, it is possible to receive news that there was medical malpractice that occurred form a previous procedure. In these circumstances, the new doctor or healthcare practitioner may explain what occurred and why it is considered malpractice. Typically, these instances apply because of mistakes made, procedures that were clearly not followed correctly and similar or relevant details.

Preventing a Malpractice Case

For some victims or families of deceased persons, the initial manner in how the attending physician handles the situation may determine what happens next. In some cases, those harmed or surviving the dead just want an apology or an empathetic understanding of how this will affect them in the future. This very act could avert the potential devastating consequences of a medical malpractice suit. This means that litigation may be avoided. However, some of these individuals contact a personal injury lawyer first and start the process before the healthcare facility is able to make amends in this manner.

Agreements in Malpractice Cases

It has been recommended to not agree to anything when involved in a medical malpractice case. This act may rob the victim of future opportunities to pursue compensation for costly healthcare treatment. The settlement provided for the event may not be the full amount that could be obtained when utilizing a legal representative applied to the case. When agree not to proceed with legal action, this means the victim of the injury or the family of the deceased individual may not be provided enough to pay for medical care or a funeral to honor the dead.


Provided by HG.org


Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.

Find an Expert Witness