Medical Malpractice Or Unfortunate Outcome?

Medical malpractice is much more common than it should be and many victims consider bringing litigation against those responsible for their suffering. The distinction between malpractice and an unfortunate outcome however can be very difficult to determine as the two often look very similar. Those considering a lawsuit often loose confidence when they start trying to determine what type of outcome they or their loved ones received. When a hospital visit or advice from a physician causes harm or appears to, individuals will often find themselves overwhelmed with anger and the need for justice. Remaining dispassionate and rational however can help people determine whether or not they are actually victims of medical practice.

The Burden Of Proof

Those who believe they are victims of malpractice must always remember that the burden of proof lies on the shoulders of the person making the positive claim. They and their personal injury attorney must demonstrate beyond a reasonable doubt that medical malpractice actually occurred. Hospitals, doctors, and practices are not required to prove it did not happen. Being able to produce evidence is a big step towards showing that the end result of medical care was a result of malpractice and not just an unwanted outcome. Fortunately the vast majority of attorneys won’t take a case to court without evidence and will inform their clients of the futility of proceeding without this.

Unwanted Outcomes

So what constitutes as an unwanted outcome? There are many different types of scenarios that can end badly simply because a patient was too weak, too unhealthy, or sought care too late. While survivors and surviving family members may feel as though a doctor, hospital, or practice is to blame, proving that to be the case is extremely difficult simply because in most case there is no one to blame. Elderly patients whom die or suffer physical setbacks following medical care or treatment often do so because their bodies were old and frail. Those who are hesitant in seeking out medical care must shoulder the responsibility when the efficacy of treatments or care are lessened because they waited too long. There are also those times where medication, surgery, care, etc just don’t work. Modern medicine isn’t perfect and certainly isn’t a panacea.

Orange County Attorney at Gokal Law