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It can be devastating to visit a healthcare provider to get help and end up suffering further harm. Often, people assume that getting hurt in a medical setting automatically means malpractice occurred, but that’s not the case.  

There is a difference between medical malpractice and bad medical outcomes. Understanding this can ensure that you know what your rights are and what legal actions you may be able to pursue.  

What Is Medical Malpractice? 

Medical malpractice occurs when a medical professional’s conduct doesn’t meet the accepted standard of care and results in harm to the patient. Just as with other types of personal injury claims, proving that negligence occurred is essential. This means establishing that a duty of care existed that the party breached, leading to injuries.  

In claims involving car accidents or slip and fall incidents, you would only have to prove that another reasonable person would not have behaved in the same manner. That’s not the case with malpractice claims, however. For these, you must show that another medical professional would not have made the same error.  

Common Types of Medical Malpractice 

Medical malpractice can involve the misdiagnosis of a condition or the failure to diagnose it in time. Conditions such as cancer have outcomes that depend greatly on how quickly they are treated, so any delay could result in severe health issues. A heart attack misdiagnosis can be deadly; unfortunately, the problem occurs often.  

Medication errors are also a type of medical malpractice. Your doctor may not check your medical history and could prescribe a drug you’re allergic to, or the pharmacist could fill your prescription with the wrong medicine. All of these errors could have been avoided, so you would likely be able to file a claim against these parties.  

Birth injuries are another common type of medical malpractice. They can occur if the baby or mother isn’t monitored during gestation and labor, if the doctor delays in ordering a C-section, or if the baby suffers brain damage from a lack of oxygen.  

It’s also possible to experience surgical errors. A surgeon could operate on the wrong body part, the anesthesia could cause injuries, or the aftercare provided may not be thorough enough.  

What Are Bad Medical Outcomes? 

Not all harm you suffer in a medical setting is medical malpractice. Sometimes, injuries can’t be prevented because they are the result of unforeseen complications.  

The most important difference between bad medical outcomes and malpractice is that another professional would not have been able to prevent the harm, either. Negligence isn’t present in bad medical outcomes because the professional met the expected standard of care.  

Common Types of Bad Medical Outcomes 

An example of a bad medical outcome would be if you went through surgery, received the necessary aftercare, and still developed an infection. Unless you can demonstrate that your care team was negligent in maintaining a clean environment, this would not be medical malpractice.  

Another common example is when a person receives the accepted treatment for a condition, but the disease continues to progress. This is an issue that occurs often when dealing with cancers.  

Pursuing a Medical Malpractice Claim 

If you suspect that you suffered from substandard medical care, filing a medical malpractice claim means getting an affidavit of merit from another professional who corroborates that your claim is valid. You cannot begin legal action against the defendant without this document.  

Having an attorney by your side can make a significant difference in your claim. They will have contacts among medical professionals who can offer testimony on your behalf. Attorneys will also know what evidence can make the biggest impact in a claim while understanding how to negotiate aggressively with insurance companies.  

In instances when a settlement isn’t possible, your lawyer can take your case to court. Additionally, they will ensure that all of the paperwork is filed on time. This is essential because there are statutes of limitations that you need to be aware of. Although you typically have two years and six months from when the injury occurred, there are exceptions.  

Hire Compassionate Medical Malpractice Lawyers 

If you have suffered an injury because of a medical professional’s negligence, consider filing a medical malpractice claim. At Silberstein & Miklos, we offer experienced and dedicated assistance for all manner of malpractice cases. You shouldn’t have to navigate these cases on your own when you can just Ask4Sam. Call our firm to find out whether you have a viable case.