In general, a definition of medical malpractice is, "Improper care or treatment by a physician, hospital, or other provider of health care." It is important to note that there is a difference between complications resulting from a medical procedure, and a legitimate case of medical malpractice.
Possible Problems
Prior to surgery or a medical procedure, a patient is asked to sign at least one, if not several, forms indicating that they understand the risks and complications associated with the procedure. Death is usually one of the least likely problems, but it is common for a doctor or anesthesiologist to specifically mention it before you sign your documents. This is a necessity required to protect the doctor, hospital, or healthcare facility against claims of medical malpractice.
Complications
After the procedure is over, recuperation takes from a few hours to several weeks, and problems or complications that arise during the healing process are generally not medical malpractice issues. TV programs are highlighting difficulties of botched surgeries; people who are living with the results of the surgeries are generally not eligible for medical malpractice compensation. Likewise, there are scores of lawyers soliciting your business by offering to settle (or sue) for medical malpractice, but there is no guarantee that you have a case and, even if you do, there is no assurance that the settlement will amount to anywhere near the amount needed to sustain your for the period of your disability.
What isn't Medical Malpractice?
If a patient develops an infection after treatment, and it is assumed to have happened during the surgery, no matter what complications result, the patient will have a very difficult time proving that any action the doctor or hospital did contributed to their situation. If an incision becomes infected, even if there is a worst-case scenario and the infection causes disfiguration and disability, they probably don't have a medical malpractice case. If a surgical procedure to repair a problem with their neck leaves them with limited movement or use of their hand and arm, they often won't have a medical malpractice situation.
What Constitutes Medical Malpractice?
Medical malpractice occurs when there is documented (or witnessed) evidence that something a healthcare professional did was an unacceptable standard or unacceptable practice in the treatment of a particular case. It is not easy to prove medical malpractice, and the drawn-out situation can be grueling. If the doctor isn't licensed in the state where the procedure was performed, or not licensed at all, it is definitely time see a lawyer about medical malpractice. If the doctor's office is dirty or the instruments aren't sterile, there might be a case, if it can be proved, but there will also be the question of why someone chose to visit a doctor with a dirty office. If there is documentation that a procedure was performed incorrectly or that faulty equipment was used, there may be a case, but it may also be argued that the defective equipment is not adversely affecting the condition.