When patients and their families feel like a healthcare practitioner has wronged them, they can attempt to file a medical malpractice claim and recover for any injustice they suffered. However, in some scenarios, medical malpractice attorneys must deny the case. Of course, attorneys don’t turn these cases down because we don’t want to help. Instead, it is the existence of legal and procedural hurdles which make it difficult to pursue a medical malpractice claim compared to an ordinary negligence claim. This article will discuss a few unfortunate scenarios that, due to the current laws in place, likely do not constitute medical malpractice and will not be regarded as a valid medical malpractice claim. For further legal assistance in reviewing your potential case, get in touch with The Law Offices of Cardaro & Peek.
Worsened Patient Condition
The mere fact that a patient’s health condition worsened while under a physician’s care does not automatically equate to medical malpractice claim. Sometimes, even when doctors face treatable illnesses or curable conditions, a patient’s health can unexpectedly take a turn for the worse. Doctors don’t have control over how patients’ bodies do or do not respond to all treatments, but they do have control over themselves. If they acted to the best of their ability and upheld the standard of care, the physician likely has not committed medical malpractice.
Untreatable or Terminal Condition
Similarly, a patient may be suffering from a terminal illness. While these situations are devastating for the patients and their families, a healthcare provider cannot be said to have committed malpractice simply because the patient’s condition will not get better. The purpose of medical malpractice laws are to provide legal protection when the treatment that a patient received is below the acceptable standards of medical care. Medical malpractice laws aren’t in place to offer a remedy for unfortunate, but unavoidable, health care outcomes such as terminal illnesses and deaths.
Patient Knowingly Acted Against Medical Advice
Patients that knowingly act against medical advice usually do not have a valid medical malpractice claim. This is why informed consent is so critical in medical malpractice cases. For example, if your doctor gives you discharge instructions to report back in two days, but you wait two weeks, it will diminish any claim against the doctor for your worsened condition. Similarly, even if your doctor prescribed the wrong dosage of medication, if you drink alcohol when the medication’s instructions clearly prohibit drinking while on the medication, you may have been contributorily negligent, which could hurt your claim.
Contact The Law Offices of Cardaro & Peek, LLC Today
Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.
The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook, Twitter, and LinkedIn for more information.