When does surgery or treatment with a bad outcome constitute malpractice?
Medicine and surgery have come a long way, but they don’t always give us the results we’re looking for. A treatment might not cure a disease. Chronic pain may persist after rounds of therapy. A surgery may leave an unsightly scar. In these cases, you may suspect malpractice, but you may not be sure. How do you know what is medical malpractice and what is simply a bad result?
In order to prove medical malpractice and professional negligence, a patient must prove that their healthcare provider failed to provide an appropriate standard of care. This means that a doctor must have deviated from approved medical practices, delayed treatment without cause or made a gross oversight in the course of treatment.
If a doctor was acting according to best medical practices in the patient’s best interest, this does not constitute grounds for a medical malpractice claim. However, if the doctor failed to act in the patient’s best interest, result in quantifiable damages that can be directly linked to their medical care, then a suit can be filed.
Medical malpractice law can be as complicated as the medical field itself, requiring knowledge of the medical practices in question, along with the legal ramifications of the doctor and patient’s decisions throughout the course of treatment. It is important to hire an experienced medical law attorney who can properly analyze the details of the case in order to have the best chance for success.
The Baltimore medical malpractice attorneys at Mallon & McCool, LLC have extensive experience with medical-related cases, and provide compassionate legal representation for clients injured or disfigured by medical negligence. They encourage anyone who has been injured in the course of medical treatment, or who feels they received substandard care, to contact their Baltimore offices toll free at (800) 918-8872 or online for a free consultation. They help victims of medical malpractice and negligence throughout Maryland, including Baltimore, Baltimore County, Howard County, Carroll County, Anne Arundel, Prince George’s County and Harford County.