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Is It Medical Malpractice? Questions You May Be Asking

author by Matthew Willens on Apr. 06, 2017

Summary: Medical malpractice cases are complicated and highly specific. Just because you were unhappy with the result of a medical procedure doesn't mean it was the doctor's or hospital's fault.

Medical malpractice cases are complicated and highly specific. Just because you were unhappy with the result of a medical procedure doesn't mean it was the doctor's or hospital's fault. Still, if you believe that something went wrong in your case and that you should be compensated for it, it's definitely worth asking "Was it medical malpractice?" Here are some examples.

What makes it a medical malpractice case?

These are the basic elements of a medical malpractice lawsuit that you should look for in your situation:

There was a doctor-patient relationship. This means you should actually have hired the doctor, medical professional, or institution for your condition. You can't sue a doctor if you only heard generic advice from him at a party, for example.
The doctor was negligent. This means the medical professional failed the standard of competence, or was not reasonably skillful or careful in performing his/her duty.
The doctor's negligence was the cause of your injury. You should have an injury that was caused by the doctor's actions. You can't sue the doctor for a condition you already had prior to consulting him/her.
The injury led to damages. Examples of damages are additional medical bills, lost earnings, and pain and suffering.

Was it malpractice if my doctor missed a diagnosis?

Misdiagnosis and delayed diagnosis are actually some of the common complaints against doctors. However, if your doctor failed to diagnose your condition, it may not be automatically malpractice. Various factors have to be considered, such as:

What does the industry say about detecting your condition? Can it be definitely detected or is there only a partial chance to detect it?
Did your doctor take all possible steps to identify your condition?
Did your doctor analyze your examination results with standard competence?

If you have considered these and still feel your doctor was negligent in diagnosing, talk to a lawyer to see how you can proceed with a case.

Was it malpractice if my injury resulted from malfunctioning equipment?

Examples of faulty medical equipment that cause injury are:

Intravenous (IV) pump with a dislodged valve
Defibrillator with a dead battery
Malfunctioning X-ray machine
Anesthetic machine administering incorrect dosage

When faulty equipment is involved, there are two possible legal cases: product liability or medical negligence. In a product liability case, the equipment manufacturer may be held responsible for producing a defective product. In a medical malpractice case, the hospital or the medical staff may have been at fault for poor equipment maintenance, usage, calibration, or the like.

I gave my consent but wasn't aware of the risk. Was it malpractice?

Except in emergency situations, a medical professional is not allowed to perform anything on your body unless you gave informed consent. It's not just plain permission - it has to be informed permission. This means your doctor should have discussed with you the various aspects of what he/she was going to do - including the risks - and you should have understood these before consenting.

If you weren't informed of the risks of the medical procedure or treatment technique you underwent, this could be a basis for a medical malpractice case.

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