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What makes a poor outcome into malpractice?

On Behalf of | Dec 13, 2022 | Medical Malpractice

Poor outcomes are not always malpractice in a medical setting. Everyone who goes to the hospital needs to know that they may not get the optimal outcome or the outcome that they want. There are serious risks with major surgery, for instance, and not all diseases can be cured. A doctor can do their best and still find that there is no way for them to achieve the outcome the patient wants.

Patients sometimes believe that this means that medical malpractice has occurred because they’re being charged for an outcome that they are not fond of. And it certainly could be a malpractice case, but a poor outcome does not guarantee it. 

What does it take to turn something like this into malpractice? Here’s what you should know:

The standard of care

The big thing to consider is the standard of care that you expect when you go to the doctor. If you did not, then it may be a case of medical malpractice because you would not have had that poor outcome at another medical center. This is why medical malpractice cases will sometimes use testimonies from other medical professionals to determine what type of care should’ve been provided.

If that negative outcome was due to a negligent mistake that the doctor made, or if they intentionally did something that was against your best interests, that’s an example of malpractice. In other words, what you deserve is not necessarily the optimal outcome in every medical situation, but a medical team that will put you first and work hard to achieve those results.

Unfortunately, this is not always the standard of care that you get. If you believe malpractice has occurred, you need to consider your options to seek compensation.