Your surgery didn’t go as planned. Your condition worsened despite treatment. A medication caused serious side effects. Your doctor’s reassuring words—”sometimes these things just happen“—don’t ease your suffering or mounting medical bills. But should they? Not every bad medical outcome is malpractice, but not every complication is unavoidable either.
Understanding the difference could change everything about your future.
The Standard That Determines Everything
Medical malpractice isn’t about perfect results—it’s about meeting the accepted standard of care. This standard asks one crucial question: would another competent doctor in the same situation have acted differently?
If your surgeon made a reasonable decision that led to complications, that’s typically not malpractice. But if they ignored warning signs, skipped necessary tests, or made errors that other doctors wouldn’t make, you may have a case. The key is whether the care fell below what medical professionals consider acceptable.
Red Flags That Signal More Than Bad Luck
Watch for these patterns that suggest substandard care:
- Delayed diagnosis when symptoms clearly pointed to a specific condition
- Failure to order standard tests or follow established protocols
- Ignoring patient complaints about worsening symptoms or concerning changes
- Surgical errors like operating on the wrong body part or leaving instruments inside
- Medication mistakes involving wrong dosages, drug interactions, or allergic reactions
- Poor communication between medical team members leading to missed information
- Rushing through procedures or appointments without proper examination
When Hospitals Try to Cover Their Tracks
Healthcare facilities have teams of lawyers working to minimize liability. They’ll frame preventable errors as “unfortunate complications” and pressure you to accept that “medicine isn’t an exact science.”
Don’t be fooled. While medicine does involve uncertainty, there are established protocols, safety measures, and standards of care that exist specifically to prevent harm. When these are ignored or violated, patients suffer unnecessarily.
Your Medical Records Tell the Real Story
Request complete copies of your medical records immediately. Look for inconsistencies, missing documentation, or entries that seem altered. Pay attention to what’s NOT documented—sometimes the absence of notes about key symptoms or decisions reveals negligence.
Compare the timeline of your care against standard treatment protocols. Were critical steps skipped? Was your case handled differently than established guidelines recommend? These details become crucial evidence.
Don’t Accept “These Things Happen”
Healthcare providers bank on patients accepting bad outcomes without question. They know most people don’t understand medical standards well enough to recognize when corners were cut or protocols ignored.
The Law Offices of Tim Misny can review your medical records and determine whether your bad outcome resulted from substandard care. When medical negligence causes harm, I’ll Make Them Pay!® Call my office at (877) 944-4373 so that I can evaluate your case right away.