Slate’s Law Blog

What Does NOT Qualify as Medical Malpractice (in Most Cases)

What Does NOT Qualify as Medical Malpractice (in Most Cases)

Medical malpractice is a serious issue, and it can be a traumatizing experience for patients and their families. However, not all medical mishaps necessarily fall under the category of medical malpractice lawsuits. In most cases, medical malpractice lawsuits are guided by certain standards and qualifications. It is important to know what does and does not qualify as medical malpractice before filing a lawsuit.

Our Santa Fe medical malpractice lawyer at Slate Stern Law can assess the facts of your case and help you understand whether or not you have a basis to sue a doctor or hospital for medical malpractice.  

Four Situations That May Not Qualify as Medical Malpractice

While medical malpractice cases do happen, it is important to be aware of what does and does not constitute a lawsuit. Let’s explore four situations that do not typically qualify as medical malpractice.

1. Bad Bedside Manner

While a lack of bedside manners can make patients feel neglected and unimportant, it does not always constitute medical malpractice. Medical professionals are expected to show empathy and compassion towards their patients, but not doing so cannot be sued for malpractice. However, it does fall under the ethical standards of medical practice. Therefore, patients who feel mistreated or neglected should bring it up with the hospital or the medical board.

Fact: A survey published in the National Library of Medicine found that healthcare providers are judged more on their bedside manner skills than on the effectiveness of the care they provide.

2. Adverse or Bad Outcome

Not all adverse outcomes are medical malpractice. There are always risks involved with any medical procedure, and sometimes, unwanted outcomes arise even when medical professionals have done everything by the book. Medical malpractice only happens when a medical professional acts in a way that directly causes harm or injury to the patient.

3. Untreatable Conditions

There are certain medical conditions that, unfortunately, have no cure or viable treatments available. Although frustrating, it does not always mean that medical malpractice has happened. Medical professionals are not magicians, and they cannot improve conditions that are currently incurable. Even the best medical professionals can only work with the treatment options available at the time.

4. Worsening Condition

Not all worsening conditions can be attributed to medical malpractice. Even under the best care, some conditions worsen and get worse over time. It is, therefore, not easy to declare worsening conditions as malpractice. However, if the medical professional neglects to provide adequate treatment, causes additional harm or injury, or fails to diagnose the condition in the first place, then it is considered malpractice.

Each case is unique, which is why you might want to discuss your situation with a skilled lawyer to know whether or not you have a basis for a medical malpractice claim. It is important to have that professional opinion before going through the legal process.

Speak with a Medical Malpractice Lawyer

Not every unwanted medical outcome is caused by medical malpractice. Knowing the standard definition of medical malpractice help patients get a better understanding of their situation before bringing forth a lawsuit.

Seek the assistance of our lawyer at Slate Stern Law to assess your case and determine whether it meets the qualifications of medical malpractice. Reach out to our office in Santa Fe to get a case evaluation. Call (505) 814-1517 today.