Experiencing unexpected medical outcomes can be furstrating. However, an unfavorable outcome is not necessarily linked to medical malpractice. Although it’s natural to suspect an error when complications arise, many problems are actually the result of pre-existing health issues or unavoidable risks. It’s essential to understand the difference between actionable malpractice and inherent medical risks. Please continue reading and contact an experienced New York City Medical Malpractice Attorney for your free consultation.
What is Medical Malpractice?
Medical malpractice occurs when a healthcare professional deviates from established care protocols, causing a patient harm. This “standard of care” is the benchmark of what any competent peer would reasonably do in the same situation. The key element here is negligence. Negligence occurs when a healthcare professional makes a mistake or an omission that another professional wouldn’t have made. Common examples include:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Medication errors
- Anesthesia errors
- Birth injuries
- Failure to treat
- Failure to obtain informed consent
- Hospital neglect
A valid case requires proving a duty existed, that duty was breached, and the breach directly caused significant harm. While not every poor outcome is malpractice, clear failures to meet professional stndards often warrant legal action.
What is an Unfavorable Outcome?
An unfavorable outcome, on the other hand, is an undesirable result that occurs despite correct medical care. These issues are often unavoidabee, even with proper treatment. Key causes include:
- Disease progression
- Random surgical complications
- Unique biological reactions
- Standard procedural side effects
- Patient non-compliance
Ultimately, a negative result doesn’t automatically prove negligence. Medicine involves inherent risks where perfect success isn’t always possible.
How Do I Determine If My Negative Medical Outcome is Due to Malpractice?
If you’ve had a bad medical experience, it can be tough to figure out if it was just bad luck or if someone actually messed up. Your first move should be to compile all the information you can about what happened. You should take the following steps to determine if a negative medical outcome is due to medical malpractice:
- Gather Your Medical Records: This paperwork will give you a clear picute of your care, everything from test results and notes to your prescriptions and surgeries. These files are key to seeing if your doctor deviated from the accepted standard of care.
- Get a Second Opinion: It’s often beneficial to speak with another healthcare professional as they can help you understand if your previous physician handled your care correctly. If another healthcare professional says something seems off, that’s a major warning sign.
- Research Known Risks: Any procedure and medications have risks, and your doctor should have given you the heads-up on potential risks beforehand. Doing a little research of your own can help you determine if what happened was a known risk or something unexpected.
- Consult a Qualfiied New York City Medical Malpractice Attorney: If you believe a healthcare professional dropped the ball, it’s in your best interest to speak to an attorney who can assess your case and determine whether you have a valid claim.
If you or someone you love have been harmed due to medical malpractice, please don’t hesitate to contct Mark L. Bodner, P.C. for a free intial consultation.