Does a bad medical result mean medical malpractice?

On Behalf of | Feb 5, 2015 | Doctor Errors

A visit to the doctor is supposed to be the start of the healing process to make you feel better from whatever illness or injury brought you there in the first place. Sometimes, however, the result can be a worsened condition that can have a long-term impact on your health and well-being.

When a doctor makes a mistake by misdiagnosing an illness and thereby causes it to get worse, or when treatment of an injury results in a permanent disability, the natural response might be to blame doctor errors. A resident of Horry County who finds himself or herself in such a situation bears the burden, under South Carolina law, of proving that the medical malpractice was, in fact, the cause of the worsened condition.

A victim making a claim for damages resulting from medical malpractice must prove that the doctor deviated from the standard of care expected of physicians under similar circumstances to those faced by the doctor who treated the injured patient. Evidence of a worsened condition, or a secondary infection or an injury that did not heal properly may not give rise to a claim for compensation if the evidence shows that the doctor performed to the established standard of care of his or her profession.

Assuming that it can be proven that doctor negligence was present, there still might be a hurdle to overcome before a patient may recover damages. Doctors frequently defend against malpractice claims by attempting to prove that the injury suffered by the patient was not the result of the medical error committed by the doctor.

For example, a misdiagnosis of a patient’s medical condition might not result in compensation to the victim if it can be proven that the patient’s condition would have been the same even had the doctor done everything correctly. This, among other reasons,  is why you should seek the advice of a knowledgeable medical malpractice attorney to determine if there has been doctor negligence for which you are entitled to collect damages.

Medical malpractice lawsuits are a complex area of the law. This post is offered only as an overview of it. It is not offered as legal advice, and you should not rely upon it as legal advice to apply to your own situation. Consult an attorney for advice and guidance about situations involving doctor negligence.


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