Understanding the Difference between Medical Malpractice & Bad Outcome

Medical malpractice can completely damage a person’s life. Medical malpractice claims are not so much about proving that a doctor was a bad doctor – but – it is essentially about proving that the doctor was negligent and didn’t follow the standard of care.

In other words – a medical malpractice claim is about proving that the doctor did something that a reasonably careful and competent doctor would not have done in similar circumstances. It could also be that the doctor didn’t do something that a reasonably careful doctor would have done in the same conditions.

So, medical malpractice is essentially a concept that focuses on the doctor’s negligence, and it has something to do with the standards of care practice that the medical industry has testified to by the other physicians in the respective medical specialties.

This aspect indicates that medical malpractice is a negligence concept that incorporates whether or not the doctor in question was acting reasonably and confidently in the circumstances. And if they were not acting as per the standards – whether or not – they caused you a personal injury.

Suppose you find yourself in a similar situation where you believe that you have been subjected to medical negligence and sustained a personal injury as a consequence. In that case, you will want to get in touch with a personal injury lawyer, such as an attorney from the Golden Law Office, to seek medical advice and support.

Difference between Medical Malpractice and Bad Outcome

Often, people can have a horrible outcome from surgeries or whatnot – but the mere fact that they had a bad outcome doesn’t equate to a conclusion that medical negligence or malpractice was involved.

Usually, a bad outcome in and of itself doesn’t equate to a demonstration of medical negligence. Often, there are situations in medical practice where there is a bad outcome, and you cannot prove whether that bad outcome resulted from the doctor’s negligence.

You get the point – a bad outcome in and of itself is not proof of medical negligence. Of course, a bad outcome might suggest that there could have been negligence because we know that medical procedures are not supposed to encounter those types of complications.

There is a concept known as informed consent, and before the surgery takes place, which is probably a procedure that bears risks with it, the patient is typically advised by the physician as a standard of care as to what the doctor’s assessment is of the patient’s condition and what the doctor is assessing or what the doctor is recommending in terms of treatment for the medical condition.

Most importantly, in a risky operation that includes informed consent – the patient will be told about the potential risks of the procedure with the acceptable risks. This is the doctor’s way of saying that even if they exercise good care regarding the surgery, there are potentially negative consequences that might happen to the patient.

This way, the doctor gives the patient a choice, and they tell the patient their potential choices – sometimes there is a good choice, and then there could be no choices. The patient might die if the doctors don’t proceed with the surgery.

But – the doctor will tell the patient all the things the patient has to know, which is also the patient’s right to know. Everything that the doctors tell their patients about the procedure and the risks – has to be in writing, and it has to be signed, and it has to be signed before the hospital authorizes the surgery.

So, the informed consent advice form will always be available in the hospital chart. And if the patient has a consequence from a surgery that is fairly described as one of the potential risks of the procedures – then it doesn’t fall into the category of medical malpractice.

Which Doctors Are Sued the Most for Medical Negligence?

When it comes to medical malpractice, there are certain types of doctors that get sued the most. When it comes to getting sued for medical negligence – not all doctors have the same experience. Certain types of doctors get sued for medical malpractice much more frequently than others.

For instance, OB-GYNs – the doctors who deliver babies – get sued for malpractice very frequently. The pediatricians, who take over the patient care after birth – these doctors are rarely the defendants in a personal injury or medical malpractice claim.

You might be wondering which medical specialties have the highest number of paid malpractice claims. When determining the statistics for medical malpractice and which doctors get sued the most – we must also keep in mind the number of doctors that are available in different specialties.

For instance, the number of doctors in primary care practice is so much more than the number of doctors who are neurosurgeons. So, obviously, primary care is going to generate a higher number of medical negligence claims.

Nonetheless, OB-GYNs are at the very top of the list for doctors with the most paid malpractice claims. If we look at it – we see that hundreds of babies are born by OB-GYNs across the country every day. This aspect creates a lot of chances for doctors to make potential mistakes.

When mistakes are made in the delivery room – the mistakes tend to have serious and even permanent consequences. Those kinds of injuries are more likely to generate a medical malpractice claim.

After the OB-GYNs, we have general surgeons in the second place – however – it is a distant second place. General surgeons are then followed by primary care doctors, which are then followed by orthopedics and then radiology.

All of these mentioned categories are essentially high-volume medical specialists.

Types of Doctors with the Highest Risk Specialties

Let us have a look at the level of risk particular doctors face. There are a few specialists that are extremely high-risk specialists. For instance, thoracic surgery is a high-risk specialty – but – it doesn’t generate a high volume of claims because of the size of the field.

Plastic surgeons and neurosurgeons rank the highest in this category. Thoracic surgeries fall third on the list of the highest-risk specialties. The OB-GYNs then follow the thoracic surgeries. Orthopedic doctors occupy the last position.

Cheryl Henson

Cheryl Henson is a passionate blogger and digital marketing professional who loves writing, reading, and sharing blogs on various topics.

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