If a procedure was not successful, is that medical malpractice?
Not every medical injury is the result of medical malpractice. Operations and treatments are not always successful; doctors don’t perform miracles. An unfortunate outcome or injury - even death – may occur, but unexpected circumstances do not mean that the doctor botched your surgery or treatment or committed medical malpractice. The law recognizes that medicine is not a precise science and that doctors cannot guarantee results. However, the doctor is liable if he or she does not live up to the appropriate professional standards.
Medical malpractice simply means that a doctor did not use the ordinary skill and care used by other doctors in his or her specialty in handling a similar case and the patient suffered as a result. For example, a doctor may commit medical malpractice if he or she fails to diagnose an illness, fails to do tests, makes surgical errors, delays treatment, or makes a medication error.
Medical malpractice litigation is usually highly contested, expensive, and strongly defended. It requires detailed knowledge of medical procedures and the use of expert testimony from other doctors. Medical malpractice cases require skilled legal advice. You are better served by having an experienced medical malpractice attorney weigh the pros and cons of filing suit and determining whether you should pursue the matter.
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