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.

Surgical malpractice occurs when a surgeon, anesthesiologist, or another medical professional involved with a surgical procedure is neglectful towards a patient.

A medical professional has responsibility with regards to a patient that expects a favorable end result after surgery. During the course of surgery, the doctors are bound by duty and sworn oath to act reasonably and perform in the same manner in which another medical professional would.

Negligent acts, breaches of duty, or omissions causing an injury or a disability to the patient may be grounds for liability.

To determine if your case was not handled properly, evidence needs to be gathered. You must be able to show that your injuries were caused by your medical professional's:

  • Lack of training,
  • Lack of equipment
  • Misdiagnose
  • A mistake during the surgery, a mistake made by him or by someone in the medical staff.

If you can prove that the medical professionals:

  • Failed to diagnose you correctly
  • Overlooked the signs
  • Acted negligently or failed to act in the proper manner, thus provoking an injury or a disability as a result of a breach
  • Left foreign objects before closing incisions
  • Did not offer you information regarding alternative options
  • Offered you other drugs instead of the necessary ones
  • Made errors in anesthesia dosages, your case could be classified as malpractice.

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

If you cannot bring such evidence, you might not have a case.

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

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.