What is the Difference Between Negative Treatment Outcome and Malpractice?
March 21, 2020
Health care professionals are not perfect. They occasionally make mistakes, like all of us. Unfortunately, when they make a mistake, it can cause serious health complications for the patient. However, just because something went wrong, or the patient’s condition deteriorated, it does not necessarily mean the health care professional was negligent. In order to pursue a medical malpractice lawsuit, the patient must prove that the health care professional was negligent in some way. It is important to understand the difference between a negative outcome and negligence.
A medical malpractice lawsuit would be appropriate anytime a health care provider fails to provide the appropriate standard of care that another health care professional would provide under similar circumstances. In most cases, this means that the provider was either negligent or reckless. Examples of negligence include failure to diagnose a condition properly, failure to warn a patient of the risks associated with the recommended course of treatment, and unacceptable errors that occur during surgery or other medical procedures.
Although not nearly as common, there are times when a health care provider’s actions are considered reckless. If a surgeon performs a surgical procedure while under the influence of drugs or alcohol, this would be considered reckless behavior. Another example of recklessness would be if a doctor administered a potentially lethal dosage of a medication.
When You May Not Have a Viable Malpractice Case
There are some scenarios where a patient may have a negative medical outcome, but the doctor is not to blame. There are times when a patient’s condition worsens simply because the illness is not treatable, or the patient was not compliant with the medical instructions. Even when a treatment is considered effective, there is no guarantee that it will work for all patients. If the doctor provided the standard of care, it is unlikely that the patient will have a successful malpractice case.
Sometimes the patient’s medical condition is untreatable or is terminal. Although this can be devastating for the patient, it is not grounds for a malpractice lawsuit. Malpractice laws exist to provide legal protection if a health care professional fails to meet the acceptable standards of medical care. A skilled medical malpractice lawyer can answer any questions a patient might have about filing a lawsuit. These types of cases can be very complex, so it is recommended that a patient hire a medical malpractice lawyer with a proven record of reaching successful settlements.
Baltimore Medical Malpractice Lawyers at LeViness, Tolzman & Hamilton Advocate for Victims of Medical Negligence
If you are considering filing a medical malpractice lawsuit, but you have questions about your case, you are urged to contact the Baltimore medical malpractice lawyers at LeViness, Tolzman & Hamilton. We will thoroughly examine the details of your case and determine whether your health care provider was negligent or reckless. If so, we will walk you through the claims process and secure the maximum financial compensation you deserve. To schedule a free consultation, call us today at 800-547-4LAW (4529) or contact us online.
Our offices are located in Baltimore, Columbia, Glen Burnie, and Prince George’s County, allowing us to represent victims in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.
