When making a claim of medical malpractice, the person making that claim needs to show that the medical professional was negligent in some manner. Just not getting the outcome that they want is not nearly enough.
For instance, perhaps you’re a surgeon who often works to remover cancerous growths. A patient is sent to you with an advanced growth, but you do your best to remove the tissue. Everything looks good at first, but then there is a resurgence. The disease becomes worse than ever and the outlook is bleak. Now the person wants to sue you as a result.
If you were negligent and made a mistake — such as operating on the wrong area or removing the wrong tissue — they could have a case. But if you gave them the proper level of care and simply could not cure the cancer, that’s not malpractice. People die from cancer every day, despite their doctors’ best efforts. It’s the No. 2 killer in the United States, behind heart disease. It is simply a dangerous condition and not everyone is going to get the result that they were hoping for.
Why do people sue in situations like this? Often, it’s just hard for them to accept that there is nothing that can be done. It may be easier to blame a medical professional and act as if it is their fault, even when that is not the case.
If you do find yourself facing a lawsuit, remember what is necessary for actual malpractice and negligence. Then take the time to look into all of the legal options you have.
