Are Medical Errors Always Malpractice?
When you undergo surgery or a medical procedure, you expect that the outcome will be a positive one. You expect to be treated in the best way possible and that the medical staff will do everything they can to insure you get the desired results. However, there are times when the outcome of a medical procedure or surgery is not what was expected.
You may believe that the undesired outcome is the result of malpractice, but it is important to know whether the issue was due to negligence, a human error or simply one of the risks of having the procedure performed.
Are Medical Mistakes Malpractice?
In order for a mistake to be considered malpractice in the legal world, the medical professional must have been negligent in some way. This means they did not act with competence or skill that was reasonable and that what they did caused harm to the patient.
In order to prove this, you must be able to show that what the medical professional did was something that a different medical professional with the same training and knowledge would not have done. This is why it is critical to discuss your case with a medical malpractice attorneys.
Unfavorable Surgical Outcomes
After surgery, there can be issues that may lead to a less-than-favorable outcome, such as an infection or something that does not heal properly after surgery. Although the outcome may not be favorable, it may not be the result of malpractice.
The only after-surgery complications that may be considered malpractice are errors that occur during or after surgery. These may include:
- Wrong-site surgeries
- Puncturing internal organs
- Surgical supplies left inside the patient
There are cases when anesthesia errors may be considered malpractice, such as:
- Too much or too little anesthesia
- Failure to monitor vital signs
- Improper intubation
- Defective equipment
- Failing to get a full medical history that could result in anesthesia complications
Missed or Delayed Diagnosis
Providing a delayed diagnosis or giving a patient a wrong diagnosis can lead to serious issues. These types of cases account for a large number of claims for malpractice. If a diagnosis is delayed, the patient may not be able to receive necessary treatment that could result in more serious problems.
Cancer is an example of an illness that is often curable when caught early so a missed or delayed diagnosis could result in the spread of the disease, making treatments less effective.
If you or a loved one has suffered an injury after a medical procedure or received an improper diagnosis, contact Lindy Law today to learn what rights you may have. They can advise you whether you have a claim for malpractice and what your next steps should be.