The Law Offices of John Phebus

What is not, by itself, medical malpractice – and what is

There is a glut of misinformation in the media on a wide variety of subjects, including everything from politics to world events to neighborhood news. Among the subjects often inaccurately or awkwardly described is medical malpractice.

We thought we would take a look today and what is medical malpractice and what is not, by itself, medical malpractice.

Let’s begin with a quick explanation of what is not, by itself, medical malpractice: an adverse outcome.

This means that just because a doctor has been unable to heal or improve the health of you or a loved one, that is, by itself, not reason to file a claim against the physician or hospital. In other words, while adverse outcomes are always a part of medical malpractice claims, it is just as true that not all (or even most) adverse outcomes are evidence of doctor negligence.

Another example of what is not medical malpractice: a rude, rushed or ill-tempered physician or other health care provider.

Now let’s take a look at the other side of the issue: the kind of behavior and outcome that has led to medical malpractice claims and settlements:

  • Surgical errors: operating on the wrong body part; leaving surgical instruments in the patient’s body; anesthesiology errors, etc.
  • Hospital errors: medication errors; incorrect diagnosis; missed diagnosis; ER errors; failure to properly treat a patient, etc.
  • Birth injuries: failure to monitor or treat fetal distress; failure to properly treat or detect infections or lack of oxygen resulting in cerebral palsy, etc.

There are complex legal issues involved in these cases requiring detailed knowledge of the law and working relationships with medical professionals in order to address properly. The Law Offices of John Phebus helps clients in Glendale and throughout the Phoenix metro area protect their rights and interests in matters of medical negligence and malpractice.

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