Not all medical errors are medical malpractice: Medical Malpractice

Not all medical errors are medical malpractice: There are many risks in medical care, and if something bad happens to cause injury to a patient, it isn't necessarily medical malpractice. For example, most diseases, treatments, and surgical procedures have risks of the complications. If a patient gets one of these complications, it does not necessarily mean that the doctor is guilty of medical malpractice.

If you suffer an adverse reaction to a drug, such as penicillin, it isn't necessarily that the doctor is guilty of medical malpractice by prescribing that drug, especially if you had no prior history of an allergy to penicillin. On the other hand, if you have had prior reactions, and your doctor overlooked this for some reason, then that might be medical malpractice.

Not all misdiagnoses are necessarily medical malpractice, because the art of diagnosis is very difficult, even for an experienced physician. For example, a symtpom of chest pain can be a heart attack, or it can also be numerous other less serious medical conditions. On the other hand, many medical malpractice lawsuits allege misdiagnosis, failure to diagnose or delayed diagnosis, particularly in cases for heart attack, appendicitis, breast cancer, colorectal cancer and lung cancer.

In some cases, medical errors in emergency medical care are protected from medical malpractice lawsuits. An example of such a law is called a Good Samaritan Act.

On the other hand, many medical errors, medical injuries or medical mistakes may well qualify for a medical malpractice lawsuit. Always seek professional advice from a qualified medical malpractice attorney.

Medical Malpractice Information

Disclaimer on Medical-Legal Issues

Always seek professional legal advice from an attorney or other qualified legal professional about medical malpractice, wrongful death, personal injury, or any other legal issue. The medical/legal information provided here is of a general nature only, and is not a substitute for professional medical or legal advice.

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