Not every poor medical outcome qualifies as medical malpractice. The law recognizes a clear distinction between unavoidable health complications and negligent medical care. If a provider exercised appropriate judgment and followed accepted practices, an unfortunate result alone does not establish malpractice.
Even when doctors and nurses follow accepted medical standards, complications can arise. Surgeries carry inherent risks. Medications may produce unexpected side effects. And certain conditions progress despite appropriate treatment. The law does not require perfection from medical professionals, only reasonable competence. When medical professionals act negligently or fail to act reasonably, a Philadelphia medical malpractice attorney is needed to secure justice.
Medical Malpractice Occurs When a Provider Deviates from the Standard of Care
Medical malpractice happens when a healthcare provider fails to meet the applicable standard of care for a treatment/procedure and causes harm to the patient. The “standard of care” refers to the level of skill, knowledge, and care that a reasonably competent provider with similar training would have exercised in the same situation.
Common examples of malpractice include:
- Failing to diagnose a condition that other competent providers would have identified
- Performing surgery on the wrong body part or performing the wrong procedure
- Prescribing medication that is contraindicated with other medications a patient is taking
- Ignoring lab results
- Delaying or failing to order lab tests
- Failing to monitor a patient’s deteriorating condition
The key issue in a malpractice case is whether the provider’s conduct deviated from accepted medical practices. It is not focused on whether the client has experienced a poor outcome.
To prove malpractice, a patient must typically establish four elements:
- There was a provider–patient relationship between you and the at-fault party
- The provider breached the professional standard of care.
- The breach directly caused your injuries.
- You suffered measurable financial and emotional damages as a result.
Medical expert testimony is typically required to establish the standard of care that must be met and to demonstrate how the provider failed to meet it. This expert must typically practice in the same or a similar field as the defendant and be familiar with relevant medical standards.
How to Know the Difference Between a Poor Outcome and Malpractice
Distinguishing between a bad outcome and medical malpractice generally requires a thorough investigation into your medical records and the circumstances of your injury or worsened condition.
If you experienced a serious complication after medical treatment, consider the following questions:
- Did your provider ignore symptoms or test results?
- Were you properly informed of the risks before treatment?
- Did other medical professionals question the care you received?
- Did the injury result from an avoidable error?
If you answered yes to one or more of these questions, you should consider consulting an experienced Philadelphia hospital malpractice attorney for help. Your lawyer can evaluate your medical records, consult with medical experts, and help assess whether the standard of care was violated. If your lawyer determines you have a legitimate malpractice claim, you may be entitled to compensation for your medical expenses, lost income, pain and suffering, and other damages.
Contact Morris Wilson Knepp Jacquette, P.C. to learn more about your rights and legal options. We offer complimentary consultations.