As the office manager at Tobler Law, I talk to many people who are not sure if they have a medical malpractice case.  Here are some things to keep in mind:

Medical malpractice occurs when there is negligence on the part of the medical provider or facility that results in medical treatment that falls below the standard of care.  Negligence is usually determined by state law, while the “standard of care” is determined by medical experts and the medical community.  The standard of care is not based on what the best care could have or should have been in hindsight.  It is usually determined by what other reasonable medical providers would have done in the situation based on the medical information and standard procedures. 

Therefore, a misdiagnosis doesn’t always result in a medical malpractice.  Errors sometimes happen and doctors are not required to be right all the time.  But they are required to perform within the standard of care, or what other reasonable medical providers would have diagnosed or even missed.

Also, a bad result doesn’t always mean there is medical malpractice. Sometimes things just go wrong and it is not the fault of the doctor.  So for a medical malpractice case it needs to be determined that the medical provider, not another factor, caused the injury or death. 

Finally, a possible outcome usually doesn’t warrant medical malpractice.  It is very overwhelming to hear that there could have been permanent injury or even death but this alone doesn’t mean that the medical provider has breached the standard of care.  Plus bringing a lawsuit on damages that “might have been” is not usually economically feasible. 

Medical malpractice cases can be very overwhelming to deal with and each case is different.  So, if you are questioning if your case is medical malpractice don’t hesitate to call the attorney and review all the facts.  We are happy to help.

Office Manager, Kristi