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- If your doctor skipped a step, ignored a test, or used an outdated technique that a reasonable doctor would not have used, that is negligence.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.
Learn more about how our Fort Lauderdale personal injury lawyers handle serious injury cases.
Kweku Darfoor is the founder of The Injury Advocates (Darfoor Law Firm, P.A.), a member of The Florida Bar since 2014, and a Plantation-based personal injury attorney representing seriously injured people and their families across Fort Lauderdale, Broward County, and South Florida. This content is for general information and is not legal advice.
