We trust doctors with our lives. When a medical procedure goes wrong, the emotional toll is devastating. However, a surgery failing or a treatment not working does not automatically mean you have a malpractice case. Medicine is an imperfect science, and results are never guaranteed. So, where is the line between an unfortunate outcome and legal negligence?
The Myth: “The surgery didn’t fix my problem, and I’m in more pain than before. Therefore, the surgeon committed malpractice.”
The Fact: A bad result is not always malpractice. To prove negligence, we must prove the doctor violated the Standard of Care. The Standard of Care is a legal yardstick: “What would a reasonably competent doctor, in the same specialty, have done under the same circumstances?”
- If a reasonable doctor would have done the exact same thing, and you still had a bad result, it is not malpractice.
- If your doctor skipped a step, ignored a test, or used an outdated technique that a reasonable doctor would not have used, that is negligence.
The Pro Tip: Request your full medical records immediately. Do not tell the doctor you are doing this to sue them; simply say you need them for your personal file or a second opinion. Malpractice cases live and die by the records. If the doctor’s notes are vague or missing key details about why they chose a certain treatment, it strengthens your case.
Conclusion: Determining the “Standard of Care” requires medical experts. If you suspect your bad result was caused by a shortcut or an error, let our team review the records with our expert witnesses.
