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Updated August 23, 2020
A bad outcome from a medical procedure may not qualify for medical malpractice. There’s a clear line between a bad outcome and medical malpractice: known, preventable risks and negligence.
A bad outcome is when—despite even the most exceptional care and effort—a patient’s condition declines or fails to heal properly. For example, patients can get the brunt end of known risks and side effects. There’s no guarantee of a complication-free medical procedure.
Individuals who experience bad outcomes cannot sue for malpractice, as the outcome is due to factors out of a physician’s control.
The standard of care is questioned in medical malpractice. Doctors who provide treatment that is not in line with what other professionals in the field would do in a similar situation can be liable for malpractice.
For example, negligence can be defined as an avoidable mistake or skipping a known, necessary step in the treatment process. Other examples include the following:
If a medical provider acted negligently in any of these situations and a patient was injured, that patient could pursue a medical malpractice lawsuit.
If you or a loved one have been a victim of medical malpractice, you are urged to contact the Indianapolis Medical Malpractice Attorneys of Wilson Kehoe Winingham. The lawyers at WKW can help you build your case and fight for the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.
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