Can my doctor be held liable for an unsuccessful surgery or a mistake in judgment?
Typically not. In most situations an unsuccessful surgery or a mere mistake in judgment on the part of a healthcare provider is not medical malpractice. Many times unfavorable results can occur even in the absence of negligence. In medical negligence cases, the injured patient must prove his or her case through a medical expert who testifies that the treating healthcare provider acted improperly or unreasonably – that the healthcare provider did not act within the standard of care applicable to that healthcare professional. If an injured patient does not present expert proof of negligence, he or she will not be able to go forward with the case.
