How Do You Know When You Have a Medical Malpractice Case You Could Win?

February 9, 2022

Have you had an unfortunate run-in with a medical professional and you’re not sure whether or not it qualifies as medical malpractice?

Medical malpractice is tricky. It’s often hard to prove and it’s a lengthy (and often expensive) process. If you’re planning on using a doctor or medical facility for malpractice, you want to know whether or not you have a chance at winning the case. 

We want to give you some insight on when a medical malpractice lawsuit is legitimate. Keep reading to learn all about what is (and isn’t) medical malpractice.

What Is Medical Malpractice?

Several things can be considered medical malpractice when you’re trying to set up a lawsuit. Make sure that you consult with a medical malpractice attorney, like the ones at Thomas Law Offices, if you’re unsure as to whether or not these things apply to you. 

Most medical malpractice cases are due to negligence rather than malice or recklessness. Medical Negligence can be hard to prove.

When a medical professional is negligent, it means that they aren’t providing the standard of care that a patient should be able to expect from them. They may make mistakes or cut corners that negatively impact the patient. 

Sometimes negligence results in serious situations. Patients can end up with life-threatening infections, amputations, surgery on the wrong body parts, and more. 

When a judge is trying to determine whether or not something qualifies as negligence rather than a simple mistake, they consider whether or not the healthcare professional met the baseline standard of care, even if the results were bad. 

What Isn’t Medical Malpractice? 

As we said, medical malpractice is hard to prove. Mistakes happen, and medical professionals cannot be held to unattainable standards.

If a patient has a condition that isn’t treatable (either by this doctor or in general), they cannot sue the doctor for medical malpractice. Doctors are not miracle workers, and sometimes, despite their best efforts, they can’t heal the patient. 

This is also true if a patient gets worse, as long as the doctor is doing everything right.

Diagnosing and treating patients is sometimes a guessing game. Not all patients display the same symptoms, and they don’t all respond to the same treatments. 

Doctors do their best to give their patients the treatments that make sense based on the situation, but they can be wrong. As long as their logic was sound, this isn’t malpractice.

Even if a patient passes away while in treatment, this isn’t medical malpractice, as long as the doctor upheld the standard of care.

Medical Malpractice: Do You Have a Case?

After an unfortunate incident with a medical professional, it’s easy to get emotional and try to sue as soon as possible. Medical malpractice suits are expensive, though, so it’s not always worth the effort. Remember that doctors usually have your best interests at heart, so medical negligence isn’t likely. 

If you still feel as though you have a case for medical malpractice, contact a medical malpractice lawyer today.

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