Sometimes, getting treatment for healthcare can come with risks. Medications, tests, procedures, and surgeries all commonly have associated health risks. Even a simple blood test can be risky for those with bleeding disorders or clotting issues. Proper healthcare generally involves weighing the risks of a particular procedure or treatment versus the potential positive outcome. A surgeon will perform a risky surgery to save a patient’s life when it is in their best interest, and the patient is fully informed of the risks. Experiencing a negative outcome in a healthcare setting when proper protocol and treatment procedures are followed doesn’t mean you have a bad doctor or malpractice case. If you’re wondering if your medical treatment warrants a malpractice lawsuit, it’s beneficial to learn what common healthcare risks don’t count as medical malpractice.
Treatment Not Working
There are times when the best treatment for a condition simply doesn’t work. All bodies are different and can respond to treatment in various ways. Some cancer cells aren’t responsive to common cancer treatment methods. If a treatment isn’t working, a doctor will typically devise other treatment options that may be riskier or less effective. As long as the physician has properly diagnosed you and dictated risks to you, there usually isn’t any malpractice involved when a treatment isn’t working for you—even if you don’t like the treatment prescribed.
Worsening Conditions
Your condition may worsen even when you have the best treatment or medical team. Some patients may die despite receiving treatment. You usually don’t have a malpractice case if your condition gets worse. Doctors may do everything possible to prevent a condition from causing further harm, but it may not always work. Many types of cancer get worse very rapidly despite aggressive treatment. As long as your worsening condition isn’t due to the negligence of healthcare staff, you’re unlikely to have a case.
Rude Staff
Everyone has bad days, including your healthcare team. Some medical professionals are effective with treatment or care but don’t have the best bedside manner. If staff are cold or rude to you, it doesn’t mean you’ve experienced malpractice. The only exceptions would be outright verbal abuse, threats, or inappropriate comments that can cause harm. You can consult an attorney to discuss your options if you’re uncertain whether you’ve experienced malpractice.
Rushed Visits
Some efficient or busy healthcare practices may seem cold or impersonal when they rush you out the door. A rushed visit isn’t typically grounds for a malpractice lawsuit if you received proper treatment, attention, and care. You should obtain an attorney if you were rushed and received harmful or negligent care.
Medication Side Effects
With any medication, there is the possibility of side effects. Doctors prescribe medications when the promise of treatment outweighs the risk of inconvenient or troublesome side effects. For example, chemotherapy can help manage or cure cancer, but it comes with a variety of nasty side effects like hair loss and nausea. Doctors prescribe chemotherapy regardless of the risk of side effects if it is the best option for their patient’s cancer diagnosis.
Experiencing side effects from medications, even if they are unexpected, does not usually fall under medical malpractice. Doctors and pharmacists list common and uncommon side effects before administering the drug, and taking them assumes you have consented to any possible risks. You may have a potential medical malpractice case if the wrong medication is administered due to recklessness or negligence.
Some pharmaceutical companies may be liable if proper medication labels or warnings are not used. Depo-Provera, a common birth control injection from the pharmaceutical company Pfizer, failed to advertise warnings of brain tumor risks associated with prolonged use. Many clients have consulted with a law firm experienced in medical malpractice or negligence, like Rosenfeld Injury Lawyers, to determine case eligibility in these circumstances.
Late Stage Diagnoses
It’s difficult to catch certain aggressive conditions, like lung cancer, in time for beneficial treatment, especially if you haven’t seen a physician recently. If your doctor diagnoses you with a late-stage or terminal-stage condition, it’s typically not due to the physician’s fault or negligence. Most late-stage conditions present many symptoms that are difficult to ignore; physicians will try to prevent late diagnoses through preventative care.
Uncurable Conditions
Some diseases or conditions, like Alzheimer’s, do not have a known cure. Symptom management is usually possible, as is prolonging a patient’s lifespan, which is the physician’s main goal when facing an incurable or terminal illness. You aren’t experiencing negligence or malpractice if you receive the correct terminal or incurable condition diagnosis.
Late or Rescheduled Appointments
Just like everyone else, physicians can become ill or have personal emergencies that may force them to be late to an appointment or reschedule it entirely. Most physicians will give plenty of notice in these circumstances, and it isn’t an example of malpractice or negligence.
Surgery Complications
All surgeries are risky, even minor ones. As long as the surgeon obtains consent and communicates these risks, they are not operating negligently or harmfully when a complication stems from surgery. Anesthesia complications, post-surgical infections, or surgical side effects are all common and possible despite a surgeon’s best efforts. You aren’t automatically eligible for a malpractice case if you experience surgery complications unless negligence occurs.
