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Is a Bad Outcome of Surgery a Malpractice Case?

Not all bad outcomes of surgery are medical malpractice. Some are just an unfortunate course of events independent of medical care. However, it is worth investigating whether medical negligence was in any way responsible for your injury through misdiagnosis, surgical error etc.

It depends, many medical situations have bad results, but that does not mean they are malpractice cases. To determine if your case was not handled properly, evidence has to be gathered. You must be able to show that your injuries were caused by your doctor’s:

  • Lack of training,
  • Lack of equipment
  • Misdiagnose
  • A mistake during the surgery, a mistake made by him or by someone on his staff

If you can show that your doctor:

  • Failed to diagnose you correctly
  • Overlooked the signs
  • Did not offer you information regarding alternative options
  • Offered you other drugs instead of the ones necessary, your case could be classified as malpractice

If you can’t bring such evidence, you might not have a case.

For example, malpractice exists if you have a growing lump near your spinal cord overlooked by the medical staff which results in paralysis or if your doctor touches a spinal nerve causing a lifelong disability.

If you think you might have a malpractice case call our Miami based office, for a free case evaluation.

For questions and free legal advice to help individuals please call us

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.