Thankfully we see less and less medical malpractice cases each year, as processes improve and issues are swiftly dealt with by the medical community. With this being said however there is still plenty of work around for the likes of David Cates and his firm, who specialize in this area of the law. This is one of the tougher aspects of the law to navigate and there is a lot of confusion within medical malpractice cases. There are some which are cut and dry and those are usually settled out of court, there are however many, which can be a little more complex.

Not Every Death or Injury

We often see individuals shouting foul play whenever they see brain injuries, the death of a loved one and especially if they feel that this could have been prevented. The reality in most cases however is that not every death or injury comes about because of medical malpractice. We should have enormous respect for doctors and surgeons but they are not miracle workers. Despite the advancements which we have seen in medicine over the last 100 years, there is still so much that we do not know about the human body. With this in mind, it is important to remember that try as they might, the medical professionals caring for a patient may not always succeed.

Not Every Mistake

Just as in any other field, mistakes can happen in the world of medicine and they are allowed to happen, to some extent. We would of course prefer that mistakes don’t occur, especially if they risk a person’s life , but we cannot assume that each and every error made is a result of medical malpractice. Let’s assume that there is a new surgeon who is working and they get something wrong, as long as all the checks have been carried out before the surgery and as long as the hospital ticked every box in terms of their responsibilities, these mistakes will not be considered as malpractice.

Not Every Course of Action

As we have mentioned, doctors are not miracle workers and sometimes they are left with incredibly tough decisions which they have to make. Take cancer as the perfect example here, we are still fighting an uphill battle in so many cases and that means that treatment options can be very tough. In some cases ew get things right, and in other cases the medical staff have to play a game of probabilities. There are no guarantees when it comes to treating these kinds of diseases, and his is why choosing the wrong treatment – which is only known after the fact – would never be considered as being medical malpractice.

As you can see, not every issue which takes place inside a hospital can be considered to be foul play. It is always important therefore that before any claims are made, you speak with a legal professional to get advice around your allegation. Seek advice and then take action based on what guidance you’ve been given.

Jane