Medical Malpractice vs. Bad Outcome: What’s the Difference?

When medical treatment doesn’t go as planned or achieve the desired result, it’s natural to question whether something went wrong. However, not every poor outcome results from malpractice. Understanding the difference between an unfortunate result and medical negligence is crucial for patients considering legal action.

A bad outcome refers to a result that is undesirable but doesn’t necessarily involve medical negligence or error. For example, some surgeries carry known risks, and even when performed correctly, complications can occur. In contrast, medical malpractice involves a deviation from the accepted standard of care that directly causes harm to the patient.

To prove malpractice, a patient typically must show:

• A provider-patient relationship existed.

• The provider was negligent.

• That negligence caused measurable harm.

Examples of malpractice include a delayed diagnosis of cancer that allowed the disease to spread, performing surgery on the wrong body part, or leaving a foreign object (sponge, surgical tool, gauze, etc.) inside your body during a surgical procedure. These are not merely undesirable outcomes; they are preventable errors that fall below the accepted standard of treatment and care.

It’s also important to note that proving malpractice often requires medical expert testimony and thorough investigation. Patients who suspect malpractice should seek legal advice promptly due to filing deadlines and the need for evidence preservation.

Call us at Silverback Legal LLP for your free consultation: 866.733.6225.