Every case of medical malpractice involves a bad outcome, but not every bad outcome is a case of medical malpractice.

When something bad happens, especially when it involves our health and well-being, it is natural to look for someone to blame. But as badly as we may want to make someone pay when things go wrong, it is important to understand that not every bad outcome is a case of medical malpractice.

If you received medical treatment and things did not go the way you expected, you may wonder if you were a victim of medical negligence. Here, we explain what medical malpractice is and discuss the difference between a bad outcome and medical malpractice.

If you think you were a victim of medical malpractice, we recommend contacting our office as soon as possible to discuss your situation and how we can help. We would much rather investigate your case and discover you do not have a claim than find out you do have a case but the time limit for filing it has expired.

Your consultation is free, and we handle claims for medical malpractice on a contingency fee, which means you don’t owe us a fee unless we recover money for you.

What Is a ‘Bad Outcome’ in Medicine?

A ‘bad outcome’ in medicine happens when a medical procedure or other care and treatment does not have the desired effect or has an undesirable effect. Examples include back surgery that does not relieve pain, post-surgical infections or bleeding, chemotherapy that did not stop a tumor from growing, or when a chronic condition like diabetes worsens over time.

Unfortunately, even when all proper precautions are followed and all appropriate treatments are administered, certain diseases still progress and surgical patients may develop complications and even die.

It can be difficult for patients and their families to accept when bad outcomes happen. That is why it is important for hospitals, medical facilities, and other healthcare providers to be transparent and provide as much information as possible about a patient’s condition, potential treatments, the risks of surgery, and that a condition might not get better or and could even get worse.

But sometimes, medical providers cut corners. They may not follow all proper procedures, take all appropriate precautions, or properly administer medical treatment. In these cases, you might have been a victim of medical negligence.

When Do Bad Health Outcomes Become Medical Malpractice?

Even though no medical procedure is 100% risk-free, patients have the right to expect that healthcare providers will follow all necessary precautions and protocols. But when that does not happen and a bad outcome is the result, the patient might have a claim for medical negligence.

To prove a case of medical malpractice, the injured must establish four factors, or elements:

1. Duty of Care. A duty of care exists whenever a medical provider agrees to treat a patient. The medical provider is responsible for treating the patient with the same amount of skill and care a reasonable, prudent, and similarly-trained medical professional would use in the same or a similar situation.
2. Breach of Duty. Breach of duty occurs when the medical provider does not behave as a reasonable and prudent provider would in the same or similar circumstances. The patient and their attorney must show that the medical provider fell short of the standard of care. This means the medical provider was negligent.
3. Causation. Whether an existing medical condition became worse or a new condition developed, the patient must show that the bad outcome was caused by the physician’s failure to meet the standard of care. In most cases of medical malpractice, this is accomplished through expert testimony to explain how the medical provider fell below the standard of care and caused the victim’s injuries.
4. Damages. Finally, the patient must prove the extent to which the medical provider’s negligence harmed them. Damages are expressed in monetary terms and include compensation for monetary losses, like lost wages and additional medical bills, as well as non-economic losses like pain and suffering, loss of enjoyment of life, and emotional distress.

How Do I Know If a Bad Outcome Was Caused by Medical Malpractice?

Knowing whether a bad outcome was caused by medical malpractice can be difficult, and the differences are subtle, especially when a patient experiences unexpected symptoms after a medical procedure. Hospitals and medical providers often count on this confusion and are quick to point out that bad outcomes are not uncommon and are not always caused by medical negligence.

In most cases, you will need to consult with an experienced medical malpractice attorney who can evaluate your situation to determine whether your bad results were caused by medical negligence.

Why Choose Robenalt Law

Tom Robenalt was admitted to practice law in 1991 and began his legal career as a staff attorney in the state court system. Soon after, he joined a large medical malpractice defense firm in Cleveland where he represented doctors, hospitals, and other medical providers who were being sued for malpractice.

In 1997, Tom joined a prestigious plaintiff’s personal injury firm. Since then, he has exclusively represented people who were injured by other people’s negligence. He has extensive experience representing people in medical malpractice and wrongful death claims in Ohio and nationwide. He is a dedicated advocate who is committed to fighting for your rights and works to hold physicians, hospitals, and medical providers accountable when they cause harm.

With decades of experience, Tom understands how hospitals, medical providers, and insurance companies handle medical malpractice claims. Let our team help your family seek the justice you deserve.

Contact Robenalt Law Today

With offices in Cleveland and Columbus, Robenalt Law represents people throughout Ohio and nationwide.

Call our Cleveland office at (216) 223-7535 or our Columbus office at (614)-695-3800 or contact us online to schedule a free, confidential, no-obligation appointment to discuss your situation and how we can help.