Is a Bad Outcome from a Medical Procedure a Medical Malpractice?
The short answer is that a bad outcome from treatment might be the result of malpractice. However, it also might not be.
A bad outcome alone is not evidence of malpractice. Medical malpractice occurs when the care provided by the medical provider fell below the accepted standard of care for that profession, and that failure caused harm (a bad outcome). The bad outcome is proof of the harm, but it does not prove that the care was substandard.
Sometimes, even with the best of care, a bad result can occur. As attorneys, we must look at the standard of care that is applicable to your case and then determine whether the medical provider fell below that standard. When the care was substandard, then we look to the outcome to determine what damages were caused by the negligent care. You must have both negligence and a bad outcome to have a medical malpractice case.
In short, you can have a bad outcome that was not a result of medical malpractice, but you cannot have a medical malpractice case without a bad outcome.
If you or your loved one has experienced harm due to medical treatment, we invite you to contact us for a free evaluation to help determine whether there might be basis for a legal claim.