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Does a negative outcome mean you have a medical malpractice claim?

Many people are frustrated when they experience a negative medical outcome. Perhaps they undergo a procedure that doesn’t turn out the way they hoped, or a loved one receives attempted life-saving care—but passes away. They may believe this is an example of medical malpractice because the medical team didn’t provide the care they needed.

But is that necessarily true? It depends on the case and why the negative outcome occurred. Not all poor outcomes are examples of malpractice.

Examples of negligence

Generally speaking, medical malpractice occurs when a doctor or another medical professional owes a duty of care to a patient. If the doctor fails to uphold that duty and is negligent in some way, leading to a negative outcome, it could qualify as malpractice.

For instance, there is always a chance that someone could pass away during heart surgery. If this happens, it may simply be an unfortunate event, rather than medical malpractice.

However, if the surgeon makes a critical mistake while carrying out the heart surgery, leading to the person’s passing, or if members of the medical team fail to properly monitor the patient’s condition and vital signs during the surgery, this could indicate that it was a preventable death. These scenarios may be examples of medical malpractice because negligence caused the issues the patient experienced.

Taking legal action

If you believe that your loved one has passed away or that you have been harmed due to medical malpractice, be sure you are well aware of all the legal options available to you. You may deserve compensation for medical bills, lost wages, funeral and burial costs, pain and suffering, loss of consortium and more.