When you undergo a medical procedure and it does not turn out as planned, you may wonder whether you have a claim for medical malpractice. In order for there to be medical malpractice, there must be some type of negligence on the part of healthcare providers. Generally speaking, the mere fact that your medical procedure was unsuccessful does not necessarily mean there was negligence. However, if an unsuccessful medical procedure was the result of medical error or negligence, you may have a malpractice claim. The issue can be complex, so it is important to consult with a medical malpractice attorney to discuss the specifics of your case.
Unsuccessful Medical Procedures
When you undergo any medical procedure, you are usually facing some degree of risk. There are procedures that are riskier than others. Some patients can be at a greater risk of complications, even if a doctor has done everything right. When a surgery or medical procedure results in complications or doesn’t turn out as expected, medical error may not be the reason.
When is it Medical Malpractice?
In order to successfully prove a medical malpractice case, there are certain elements that must be met, including:
- The healthcare provider owed the patient a duty of care—this is established by showing that there was a doctor-patient relationship.
- The healthcare provider breached the duty or standard of care.
- This breach of the duty of care caused the patient injury.
- The patient suffered damages.
In order to establish medical malpractice, it is not enough that one of these elements is met. If a patient is injured during a procedure, it’s not necessarily medical malpractice unless it can be established that the healthcare provider breached the standard of care, which caused the injuries, and the patient suffered damages.
If a healthcare provider failed to obtain informed consent before you underwent the medical procedure and did not advise you of the risks, it may be medical malpractice if knowing about the risks would have changed your mind about the procedure. In addition, if the doctor made a medical error during the procedure that led to your injury, then you may have a case for malpractice. If you’ve been injured during a medical procedure, it’s important to consult with an attorney who can evaluate the specific facts of your case to determine if you have a malpractice claim.
Contact an Experienced Medical Malpractice Attorney
If you’ve been injured as a result of medical negligence, you should consult with an experienced attorney. At Bonina & Bonina, P.C., we have been helping New Yorkers injured by medical malpractice for over 50 years. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.