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$Medical Malpractice FAQ

Is a Bad Outcome the Same as Medical Malpractice?

No — and this is the single most important thing to understand about these cases. Medicine involves risk, and even careful, competent treatment can fail or lead to a bad result. A disappointing or even tragic outcome is not, by itself, malpractice.

Malpractice is a departure from the standard of care — what a reasonably careful provider with similar training would have done in the same situation — that causes harm. So the question is not whether the result was bad, but whether the care was negligent and whether that negligence caused the injury.

Because the standard of care is a medical question, proving it requires a qualified medical expert who reviews the records and explains what a careful provider would have done. That is why credible cases start with expert review, and why an honest evaluation sometimes concludes that a bad outcome, however painful, was not malpractice.

This is general information about Medical Malpractice $medical malpractice claims, not legal advice. Every situation is different.

The law depends on your state

The steps above apply wherever you were hurt. Filing deadlines, fault rules, and limits on damages differ by state — pick yours for what applies to medical malpractice.

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