Most medical malpractice cases are complicated and require a technical understanding of a wide range of issues and terminology. Powell, Zero, Mundy medical malpractice attorney, James F. Mundy, has the expertise and experience necessary to successfully litigate a medical malpractice case from beginning to end.
It’s not all that uncommon for an individual to be displeased with a medical procedure. This lack of satisfaction sometimes even makes these individuals consider the filing of a lawsuit. Occasionally, a prospective client will ask if this lack of “customer satisfaction” can actually constitute an incident of medical malpractice, actionable in a court of law.
Generally, medical professionals cannot and do not guarantee the results of medical procedures. Thus, any unsuccessful or unexpected outcomes do not necessarily equal negligent conduct and give rise to a claim for medical malpractice. Even unsatisfactory results such as serious injuries or death do not necessarily amount to professional malpractice.
Even the most routine medical procedure may result in both foreseen and unforeseen complications. The success of any treatment, regardless of how common it is, cannot be guaranteed. A physician or surgeon can properly conduct the procedure in its entirety and still fail to obtain a positive result.
Thus, for an incident of medical malpractice to have occurred, a doctor or other health care provider must have caused some harm and damages that resulted from a deviation from the standard of care applicable to the medical procedure. An unsatisfactory result without any deviation from the appropriate standard of care typically does not give rise to a cause of action for medical malpractice.