Medical Malpractice, or Just an Unfavorable Outcome?

When a person goes in for medical treatment from a doctor’s office, urgent care, or hospital, there is an expectation that his or her injury or pain will be alleviated. Sometimes, this is not the case and when this does happen, it leads to the questioning of who is to blame and what went wrong. If you are in this kind of situation, you may be thinking about pursuing a medical malpractice lawsuit, but before you do, it is important to understand what that is and if your affliction qualifies for it.

Two of the key components to a medical malpractice case are negligence and intent. In other words, a doctor or medical professional must have intentionally cut corners or failed to meet a standard of care. If such a cause led to one’s injuries being sustained or condition worsened, then a malpractice suit is very much appropriate. However, sometimes this is not the case when medical treatment goes awry.

If there was a situation where a doctor or hospital staff did everything that they could, followed all of the procedures carefully, and used their medical knowledge to the fullest extent and an injury was still inflicted, then that would be legally classified as an unfavorable outcome, not a malpractice result. This is an unfortunate circumstance, but it is a fact of life that sometimes medical treatment does not go according to plan or unforeseen factors lead to a person’s situation. There may be routes to pursue in this kind of case, but a malpractice suit is not one of them.

If however it was indeed negligence on the part of a medical professional that you or someone you know to sustain a serious injury, then we at the Franco Law Firm are here to help. With our experience and expertise, we can help you through your malpractice case and see that you receive the compensation that you deserve. For more information and to schedule a free consultation with us, please call (813) 872-0929.