What Is NOT Medical Malpractice
Publish On 2010-07-26 , 8:27 AM
Medical malpractice occurs when a health care provider is negligent and fails to meet the standards that apply to that provider. However, many adverse outcomes are not the result of malpractice. A bad result following a medical procedure does not mean the physician was negligent. Each surgery and medical procedure is associated with known risks and complications that can occur in the absence of negligence.
Infections can occur in the most antiseptic of conditions with health care providers using the most sterile of techniques. Acquiring an infection following a medical procedure may or may not constitute malpractice, depending on the facts of the case. Similarly, if a physician prescribes a medication that doesn't cure your medical problem, it does not automatically mean the physician was negligent.
To determine whether a physician was negligent, it will be necessary to obtain your medical records and have them thoroughly reviewed. A lawyer with substantial exerience in evaluating medical negligence cases can often ascertain whether you have been the victim of malpractice simply by looking at the facts contained in your medical records. If a review by an experienced malpractice lawyer can't determine whether the injury was caused by negligence, it may be necessary to retain a physician to evaluate the claim.
Unfortunately, there are times when it is not possible to determine how the injury/illness occurred and whether a doctor was negligent. Demonstrating that you sustained an injury following a medical procedure will not meet the burden of proof that all claimants in a medical negligence case have.
If you or a loved one believe that you have suffered a serious injury or death as a result of a health care provider's negligence, contact Mike for a free evaluation of your claim.
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