Can I Sue a Doctor for a Bad Outcome Even if They Followed Procedures?

With nearly 800,000 Americans suffering permanent disability due to physician negligence, you may be wondering what constitutes medical malpractice. While your treating physician’s negligence may be apparent in some cases, simply having a bad outcome is not in itself grounds for a malpractice lawsuit. However, if your doctor followed procedures, such as obtaining your informed consent prior to surgery, this is only one facet in determining if they adhered to the acceptable standard of care. 

At Parham Smith & Archenhold LLC, we are aware that medical professionals do not always take appropriate measures, sometimes causing more harm than good. Given the complexities of each case, it is crucial that you speak with an Anderson medical malpractice attorney to discern if you have a solid basis for a malpractice suit.

Establishing Medical Malpractice: The 4 D’s

Medical malpractice occurs anytime a medical provider fails to follow the expected standard of care, resulting in harm to the patient. 

Medical malpractice is often summarized as the 4 D’s:

Duty

Medical providers are expected to follow specific protocols, adhering to the standard of care expected of physicians. For example, a medical provider is expected to get an accurate and thorough family history and investigate a patient’s symptoms before arriving at a diagnosis.

Dereliction

Any deviation from the steps that a provider in the same field who has taken under the same or similar circumstances can constitute dereliction. Dereliction may be an act or omission. A treating physician who fails to fulfill any obligations to their patient has departed from the acceptable standard of care. Common examples include misdiagnosis, a delay in diagnosis, misinterpretation of laboratory results, failure to administer proper treatment, and surgical errors.

Direct Cause

There must be a direct connection between a doctor’s actions or failure to act and the injuries suffered by the patient. Both actual cause and proximate cause must be present in a valid medical malpractice suit. The defendant is the actual cause, or cause-in-fact, of the plaintiff’s injuries if their actions or inaction set into motion a chain of events resulting in harm to the patient. On the other hand, proximate cause exists if the plaintiff’s injuries were foreseeable given the doctor’s actions.

Damages

Successful recovery in a medical malpractice suit requires that the patient sustain harm. In a medical malpractice suit, you may sustain economic damages, which are financial in nature, or non-economic damages, which are intangible losses that impact your quality of life. 

Common economic damages include lost wages, loss of future earnings, and medical costs, while common non-economic damages include pain and suffering, infliction of emotional distress, and permanent disability. Although there is no limit on economic damages, South Carolina currently imposes a limit of $1,741,383 for medical malpractice claims against multiple defendants and $580,461 against a single provider.

Can I Still Seek Financial Relief Even if I Did Not Suffer Financial Damages?

You must experience financial losses to recover damages in a medical malpractice case. So, even if a doctor does make a mistake, you will not have a valid claim for medical malpractice unless you can demonstrate that the doctor’s negligence resulted in physical harm to you, causing you financial losses. Alternatively, if you suffered a poor outcome following a surgery or treatment and experienced financial losses, you will not have a claim for medical malpractice unless you can demonstrate the physician’s negligence. 

Don’t be fooled; navigating the complex nature of a medical malpractice claim cannot be done successfully without retaining the services of an experienced medical malpractice lawyer.

Speak with an Anderson Medical Malpractice Attorney Today

A medical professional is liable for malpractice if they breach their professional duty to you, causing you harm. However, it can be challenging to pinpoint when and how the negligence occurred. If you or a loved one has experienced a poor outcome following a surgery or medical procedure, do not hesitate to contact our Anderson medical malpractice lawyers. 

When you work with the legal team at Parham Smith & Archenhold LLC, we will investigate and gather the information needed to establish fault. Your number one priority should be getting better, not negotiating with the insurance company. To learn more or to arrange your free consultation, we can be reached online or by phone at (864) 432-1796.