Not every bad medical outcome is the result of medical malpractice. Even when a patient experiences a serious complication or unexpected result, that does not necessarily mean a healthcare provider made a mistake.
Medical malpractice claims generally involve more than an unfavorable outcome. Attorneys look closely at what happened, whether the care fell below the accepted standard of care, and whether that care caused or contributed to the patient’s injury. Indiana medical-malpractice law likewise focuses on concepts including breach of the applicable standard of care, causation, and injury
When evaluating a potential medical malpractice case, five factors are especially important.
1. Was There an Actual Injury?
A mistake or breakdown in communication may be concerning, but a viable medical malpractice claim typically requires an actual injury or worsening medical condition.
A frustrating experience, poor bedside manner, or communication problem alone may not be enough to support a malpractice claim.
The important question is whether the patient experienced actual harm connected to the care they received.
That harm may include:
- A worsening medical condition
- Additional medical treatment
- A new injury
- A longer recovery
- Permanent impairment
- Other significant physical or financial consequences
2. How Serious Is the Harm?
The extent of the injury is another important consideration.
Attorneys look at how the harm affected the patient’s health and daily life, including whether the patient required additional treatment or will need ongoing care.
Depending on the circumstances, the consequences may include:
- Additional hospitalization
- Surgery or other corrective treatment
- Permanent disability
- Long-term medical care
- Lost income
- Loss of independence
- Death
The seriousness and long-term effect of an injury can help determine the potential impact of a medical malpractice claim.
3. Did the Medical Provider Deviate From the Standard of Care?
A bad outcome does not automatically mean malpractice occurred.
Healthcare providers cannot guarantee a particular result, and some complications can happen even when appropriate care is provided.
The important question is whether the provider acted differently from what a reasonably careful medical professional would have done under similar circumstances.
This may involve looking at issues such as:
- Whether the condition was properly diagnosed
- Whether appropriate testing was ordered
- Whether warning signs were recognized
- Whether treatment was timely
- Whether the patient was properly monitored
- Whether the provider followed accepted medical practices
It often takes a careful review of the patient’s treatment to determine whether the standard of care was met.
4. Did the Provider’s Actions Cause the Injury?
Even if a healthcare provider made a mistake, there must generally be a connection between that mistake and the patient’s injury.
This is sometimes one of the most complicated parts of a medical malpractice case.
Patients may already have serious illnesses, chronic conditions, or other health problems that could have contributed to the outcome. Attorneys must consider whether the suspected medical error actually caused or contributed to the patient’s harm, rather than simply occurring around the same time.
Consider a delayed diagnosis: A delayed diagnosis can be serious, but the important question is whether diagnosing the condition sooner would likely have changed the patient’s treatment, prognosis, or outcome.
To evaluate causation, attorneys may examine the patient’s medical history, the timeline of treatment, test results, and what may have happened if different care had been provided.
5. Is There Evidence to Support the Claim?
Medical malpractice cases depend heavily on evidence.
Medical records, test results, imaging, treatment notes, timelines, and other documentation can help show what happened and when. Witness information may also provide important details about the patient’s care.
Expert review can also be important. Medical experts may help determine whether the provider followed the accepted standard of care and whether their care caused or contributed to the patient’s injury.
Because medical records can be lengthy and complex, attorneys often need to conduct a detailed investigation before determining whether a claim can move forward.
Looking at the Bigger Picture
A serious medical complication can leave patients and families with a lot of questions—particularly when the outcome was unexpected, and they do not know whether something went wrong.
A bad outcome by itself does not establish medical malpractice. Attorneys generally need to look at the full picture, including the patient’s injury, the seriousness of the harm, the standard of care, causation, and the available evidence.
Every case is different. Sometimes a review of the medical records provides answers. Other times, additional investigation and consultation with medical professionals may be necessary to understand what happened.
If you or a loved one suffered serious harm after receiving medical care and you believe something may have gone wrong, the team at Johnson Jensen Williams is here to help you understand your options.
Call us at 317.269.7799 or visit our website to learn more.