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:
If you can prove that the medical professionals:
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.