Not every bad surgical outcome is malpractice. Surgery carries real risk even when everything is done correctly. But some outcomes point to something having gone wrong beyond ordinary risk, and recognizing the difference early matters.
Medical malpractice claims require showing that a provider's care fell below an accepted standard, not just that the outcome was bad. That's a medical and legal question at the same time, which is why these cases typically require a medical expert's review, not just a lawyer's opinion, before a claim can even be evaluated properly.
How do I know if a bad surgical outcome was actually malpractice?
That determination generally requires a medical expert's review of your records against the accepted standard of care. You can't conclude that on your own either way.
How long do I have to file a medical malpractice claim?
Deadlines for medical malpractice claims are often different, and often shorter, than typical injury deadlines, and they vary by state. Confirm your specific timeline with an attorney promptly.
What if the hospital says the outcome was a known risk of the procedure?
That may be true. Or it may not fully explain what happened. Either way, an independent medical review is what actually settles it, not accepting either explanation at face value.
*This article is general information, not legal or medical advice, and does not create an attorney-client relationship.*
Every case turns on its own facts, and a short conversation is the fastest way to find out where you stand. Call Portner & Shure at (410) 995-1515 for a free consultation, or contact us online. We have offices across Maryland and Virginia and have recovered over $500 million for our clients.
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