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Bad Treatment, Bad Results and Medical Malpractice
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When considering a medical malpractice lawsuit in Illinois, there is a difference between bad treatment, bad results, and medical malpractice. Figuring out the difference between the three is the first thing an Illinois medical malpractice lawyer does when they evaluate a case to determine if it is worth pursuing.
Bad treatment involves a doctor’s poor conduct, such as rude behavior, which, though unprofessional, doesn’t present a clear breach in practice. If a doctor were to scream at a patient, use vulgar language, etc., this wouldn’t likely lead to a legitimate medical malpractice lawsuit. It would be something that should be reported to the Illinois Department of Professional Regulations which disciplines physicians and other licensed professionals in Illinois. It is not a lawsuit, but also is a way to not let the improper conduct go unpunished.
Bad results involve negative effects from medical treatment that are considered part of the normal risk accompanying given procedure. Examples of bad results can range from the death of a loved one to the puncturing of a colon during a colonoscopy. An injury or bad medical result is considered medical malpractice when an expert witness can testify that a physician clearly violated the standard care that is practiced and upheld by the medical community. In other words, it might be malpractice if you have a bad result and it might not be, but just because you have a bad result doesn’t mean that you have a case. Bad treatment and bad results alone don’t necessarily constitute the presence of medical malpractice.
This can be somewhat confusing and medical malpractice is one of the most complicated areas of law in Illinois. The good news is that if you think you might have a case or want to find out if you do, it does not cost anything to get a competent review or ask questions. If you would like help please do not hesitate to contact us. All calls and e-mails are confidential.
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