Top 10 Cases Not Considered Medical Malpractice
Medical malpractice is a significant problem that can bring about severe effects for the individual affected. Many people think any bad result from medical treatment is classified as malpractice, but this isn’t always accurate. If you’re considering suing for medical malpractice, it’s vital first to comprehend what does and does not qualify.
The following blog post will explore 10 incidents that may not be considered medical malpractice. Please remember that this isn’t a comprehensive list, and you should always speak to a lawyer before deciding to take legal action.
Misconceptions About Medical Malpractice
There are many misconceptions about medical malpractice. Here are some examples of what is NOT considered medical malpractice:
1) Just because the result of a medical procedure was not what you wanted does not mean medical malpractice occurred. There is always some level of risk associated with any procedure.
2) If you did not follow the care instructions provided by your medical team, that is not considered malpractice. You are responsible for following up with your care.
3) To be classified as malpractice, a misdiagnosis must occur with other problems, such as delayed diagnosis or failure to order appropriate tests.
4) Merely disagreeing with the course of treatment does not mean malpractice has occurred. As long as they follow the standard of care for their field, medical professionals can have differing opinions on the best approach.
5) Prescription drug side effects or an unexpected reaction to medication does not automatically mean malpractice. Patients need to report any adverse reactions or side effects to their doctor, but medication is not always a precise science, and unexpected reactions can occur.
6) Communicating a terminal prognosis or delivering bad news is not malpractice. It is a difficult part of being a medical professional, but breaking unfortunate news to a patient or their family is not negligence.
7) While a medical professional making a mistake during a procedure is not inherently malpractice, it depends on their competency and if they are following the standard of care. Surgery and other medical procedures are risks; even the best professionals can make mistakes.
8) Taking too long to treat a patient or giving delayed treatment does not always equal malpractice. There are a variety of explanations for why delays may occur. As long it is appropriate to care given on time by the medical team, negligence has not occurred.
9) Informed consent issues, on their own, are not considered malpractice. Informed consent means that a patient understands and agrees to the potential risks and benefits of a medical procedure or course of treatment.
10) A bad outcome from a cosmetic procedure is not typically considered malpractice. As with any medical procedure, inherent risks exist, and the desired outcome may not always be achieved.
When You May Have A Medical Malpractice Case
Although the above situations do not automatically mean medical malpractice, certain factors may indicate negligence.
- A negative outcome from a medical treatment
- Inadequate follow-up care or aftercare instructions indicate negligence
- A misdiagnosis
- Prescription drug side effects or an unexpected reaction to the medication (Previously informed by the patient) could be negligence
- A medical professional making a mistake during a procedure without completing the standard of care could be negligent
- Giving delayed treatment or taking longer than expected to provide treatment
If you have evidence that your doctor deviated from the standard of care, failed to get informed consent, or broke the doctor-patient relationship, you might have a medical malpractice case. Before taking legal action, you must speak with a Medical Malpractice attorney.
Professional Lawyers That Will Guide You Through The Entire Process
The Hashem Law Firm is committed to helping those hurt by medical negligence. We’ll inspect every part of your case so you can receive the remuneration you’re entitled to. Our operation is based in Morello, but we assist anyone who requires qualified legal representation.
If you or a loved one have been injured by medical malpractice, do not hesitate to contact us today. One of our experienced lawyers will be more than happy to review your claim and determine the best course of action.