When is it Not a Medical Malpractice Case?
What constitutes malpractice?
The difficulty in identifying malpractice today often lies in the complex nature of medical science, which has improved immensely over the years. Today’s doctors and specialists treat a range of conditions helping patients live healthier and happier lives. However, they are not able to treat everything, guarantee perfect outcomes, or eliminate inherent risks that accompany medical intervention.
Examples of Medical Malpractice
Whether the conduct and outcomes rise to the standard of malpractice established by law is unique to each case. Generally, medical malpractice holds doctors, nurses, and other healthcare providers accountable for causing harm as a result of negligence.
Medical negligence is the failure to do what a reasonable healthcare provider would or would not do under same or similar circumstances. Examples of a valid medical malpractice claim would include:
- Failure to monitor and address fetal distress during labor
- Surgical errors involving operations performed on the wrong body part
- Misdiagnosis of a condition that could and should have been correctly diagnosed based on available information
- Failure to properly read medical tests
Not All Adverse Outcomes are Due to Malpractice
Not all complications, poor outcomes, or medical mishaps are negligence. Adverse events are only considered medical malpractice when doctors and health care professionals breech the standard of care and it causes damage. It is also not malpractice when a patient’s condition worsens while being reasonably treated or when their health problems are untreatable. Medical malpractice cases are further complicated by the fact that accepted standards of care can vary depending on the facts and circumstances involved. For example, it would be unreasonable to expect the same standard of care in an emergency situation as it would in situations where there is ample testing and consultations with a doctor.
When handling medical malpractice cases, our legal team at Clark, Fountain, La Vista, Littky-Rubin & Whitman leverages our extensive experience, insight into the healthcare industry, and professional connections with medical experts to clearly and convincingly illustrate two primary elements:
- How care provided by a doctor or medical professional was unreasonable and rose to the standard of negligence; and
- How substandard care more likely than not resulted in a patient suffering harm and damages
Investigating and building medical malpractice cases takes extensive effort and skill, and not all lawyers possess the experience or resources to tackle such matters. Over the years, we have demonstrated not only an ability to help patients understand when their medical outcomes result from malpractice, but also the ability to secure full and fair recoveries when they do. In fact, Board Certified Medical Malpractice Attorney Partner Nancy La Vista, a former critical care nurse, has received many notable results in medical malpractice cases, including the largest medical malpractice verdict in Broward County and one of the top 100 verdicts in the nation.
Contact Our West Palm Beach Medical Malpractice Lawyers
If you or someone you love has experienced a serious injury as a result of a negligent health care provider, or if you have lost a loved one due to malpractice, you may have grounds to pursue a claim – and our lawyers can help determine if you do. To discuss a potential case, contact us for a free case evaluation.