What is considered medical malpractice versus risk of procedure?


We often in medical malpractice cases get a lot of calls, a lot of inquiries from clients to say, “Hey, do we have a medical malpractice case here?” or “We think we have” or “We believe we have a medical malpractice case.” But there’s a big distinction between actual medical malpractice versus the risk of a procedure because certain procedures just simply have risks, and if one of those bad things happen, the medical provider is not necessarily negligent or hasn’t committed medical malpractice. The standard is has the medical provider violated the standard of care. There’s a certain standard of care that medical providers are supposed to work under, and if for some reason they went outside the standard of care, then that would be medical malpractice