Medical Malpractice VS Bad Medical Outcomes
Medical malpractice claims are notoriously difficult to win for patients when they go to trial. One of the biggest challenges for patients is proving that malpractice happened and not just a bad outcome because where a legal action is concerned, there is a difference between the two.
Still, medical malpractice lawsuits are pretty common throughout the United States, and like other personal injury suits, medical malpractice cases often don’t make it all the way to trial. Instead, these cases typically conclude without court involvement. When this happens, a practitioner and a patient negotiate an agreeable settlement and resolve to end a dispute.
Physicians carry expensive insurance policies because they are at a high risk of being sued at any point during their careers. In fact, as many as one in three physicians will face a lawsuit at least once while they are actively practicing medicine.
In Oregon, the Portland personal injury lawyers at Rosenbaum Law Group can help you determine if you have a case to take legal action against a practitioner who caused you harm.
When Does Medical Malpractice Happen?
Determining medical malpractice can be a tricky thing to do because there are no guarantees in medical outcomes. For instance, perhaps a disease condition progresses quickly even when a patient is given all applicable and available treatments for it. If a patient ultimately loses their battle with the condition and dies, the doctor who was treating them would likely not be found liable for their death. Likewise, even when a skilled surgeon with extensive experience uses their steady hands to perform a surgical procedure on a patient, the surgeon isn’t automatically responsible if that patient eventually experiences an unexpected complication or death after the procedure. While a family may have difficulty accepting what happened after the surgery, their misfortune could have come from a bad outcome, not malpractice.
To prove medical malpractice, four legal elements must be met:
- There was a relationship between the patient and the medical provider where a professional duty was owed.
- There was a breach of duty by the medical provider.
- The breach of duty by the medical provider caused the patient’s injury.
- The patient suffered damages.
Identifying when a bad outcome happens versus medical malpractice can be very confusing, especially for a patient experiencing adverse symptoms from their condition or injury. The reality is, that similar to malpractice, bad outcomes are prevalent too.
Yet, when there is evidence to show that a physician acted negligently and did not meet the standard of care required of them while treating a patient, when the patient suffers harm, they have every right to file a medical malpractice claim against that physician.
Speak to an Oregon Medical Malpractice Attorney Today
Anyone can make mistakes, including medical providers. Unfortunately, when medical providers have slip-ups, it puts patients’ lives at risk.
If a medical provider harmed you or someone you love, it may not be a bad outcome but rather medical malpractice. For help filing a claim, please call a Portland, OR, medical malpractice attorney at Rosenbaum Law Group today at (503) 288-8000. Initial consultations are free.
