Deciding whether you suffered a poor outcome or were injured by medical malpractice is a complex legal matter. A bad outcome could mean your health fails to improve or even worsens after a procedure or medical treatment. However, a negative result can occur even when a physician provides acceptable treatment or care.
There may be no cause for legal action if there is no clear evidence of negligence. For more information, speak to a skilled lawyer knowledgeable about the difference between a poor outcome and medical malpractice.
A poor outcome in the medical field refers to an unfavorable result following a medical procedure or treatment. The outcome can be undesirable even when a competent healthcare provider follows the proper protocols and provides the patient with an acceptable standard of medical care.
Not every negative outcome meets the requirements for medical malpractice. Medical care and procedures always come with certain risks, and complications may occur without the provider being negligent.
Medical malpractice occurs when a certified healthcare provider, such as a physician, nurse, or healthcare facility, fails to provide the patient with the standard of professional care. Professional care means a level of skill, expertise, and treatment that any reasonably competent provider would have given the patient in similar situations.
The evidence must show the defendant violated their legal duty by making preventable errors for a plaintiff to win a medical malpractice lawsuit. The violation caused the patient to sustain injuries or die.
The case must show the court evidence of each required element to obtain a successful settlement. Those include:
The civil court dismisses cases when they fail to establish each component of malpractice.
The primary difference between a poor outcome of a medical procedure or treatment and medical malpractice is whether the physician’s actions deviated from the standard. There must be clear evidence that the deviation caused the medical professional to make preventable errors and the patient suffered harm due to their negligence.
One way the state prevents lawsuits that fail to establish the necessary elements of medical malpractice is by requiring a Certificate of Merit. Under Pennsylvania Rule of Civil Procedure § 1042.3, the certificate is an affidavit a qualified medical professional completes stating there is a reasonable probability that the treating physician deviated outside the accepted practices and standard of care and their actions caused the patient harm. The medical malpractice lawyer must obtain and file the certificate within 60 days of initiating legal action.
If you suffered harm because of doctor negligence or medical malpractice, you have legal rights and may pursue payment for your losses from the liable party. The cases require careful review to determine if each of the required elements needed to prove medical malpractice exists.
That means determining if the patient had a negative outcome or if negligence occurred. Call a qualified lawyer knowledgeable about the difference between a poor outcome and medical malpractice to schedule a free consultation and review your case.
We are highly selective in the cases we undertake to ensure that can give each client his full attention. You can schedule an appointment for a personal injury consultation at our Philadelphia office by calling us, or by filling out our online intake form.
