DOES A BAD MEDICAL OUTCOME MEAN THAT THE DOCTOR HAS BEEN NEGLIGENT?

NOT ALWAYS.
Bad medical outcomes do not necessarily justify a finding of medical negligence. There must be a negligent act that causes the bad outcome. Although such outcomes may suggest that negligence has occurred, the attorney must prove that the patient received medical treatment that did not meet a minimum average standard of care and that the patient suffered significant damages as a result. Actually, there are four requirements, all of which must be present: duty; breach; harm; and causation. Their presence or absence should be determined by professional medical reviewers like Medical Opinions Associates.

Medical Opinions Associates reviewed a case in which the plaintiff attorney had filed suit against a radiation oncologist because the plaintiff’s bowel was discovered to be perforated sometime after prostate cancer radiation treatment. The plaintiff required a colostomy.  Clearly, this was a bad outcome. However, the radiation oncologist was found not to be negligent because the reviewing expert found no departure from the relevant standards of care that might have led to the perforation. Accordingly, there was no breach of the standard of care. Further, the patient received other treatments in the affected area by other providers subsequent to the radiation.

As can be seen, a bad medical outcome is not enough to ensure a successful suit.