We live in a world of instant gratification and constant requests for customer surveys.  Sometimes we might be mistaken into believing that we would have a legal claim whenever we are dissatisfied with a product or service.  That, however, is not quite how medical malpractice works.

There is, in fact, a big difference between a legitimate claim of medical malpractice and simply being dissatisfied with a medical procedure.  You only would have a legal claim with regard to the former, not the latter.

In this article, we are going to discuss when a situation may be considered medical malpractice, and when something is not medical malpractice.  If, after reading this article, you have additional questions about your own circumstances, then we invite you to contact us at Sowell Chakour.  We are experienced medical malpractice lawyers, ready to help you with your case.  Call today at 1-833-MedMals or email us at info@thedoctorlawyerfirm.com.

When You May Have a Med-Mal Claim

The key inquiry with regard to any possible claim for medical malpractice is whether the health care provider failed to meet a reasonable standard of care under the circumstances.  Stated differently, your health care provider must have been negligent (or reckless) in the circumstances to give rise to a legal claim.

What would be conduct that would fall short of the reasonable and prudent standard of care?  Imagine a situation in which a doctor completely missed a particular diagnosis that a reasonably prudent doctor would not have missed.  Another example would be a surgeon who makes an unacceptable error, like operating on the wrong limb.

It is worth remembering that humans are not perfect, and medical malpractice law does not require perfection.  Rather, the law only requires that a health care provider reasonably follow the appropriate standard of care under the circumstances.

When You Likely Do Not Have a Med-Mal Claim

If you have a medical procedure, and your health situation gets worse, that is not necessarily a medical malpractice issue.  Sometimes patients do not always respond to a certain treatment.  As long as the health care provider acted with reasonable care and skill, then there is likely no legal claim to assert.

In the same vein, if a patient’s condition cannot be treated, that too does not mean that malpractice has occurred.  It is just an indication that there are limits to the practice of medicine.


The question of whether you have a legal claim is something that you really cannot decide by yourself. It is invaluable to turn to an experienced medical malpractice lawyer to understand whether your injury has legal options.    

We invite you to schedule a consultation with us at Sowell Chakour, we can help you understand whether you have a case, and we can help you get the compensation you deserve. Call today at 1-833-MedMals or email us at info@thedoctorlawyerfirm.com.

The information in this blog post is provided for informational purposes only and is not intended to be legal advice. You should not make a decision whether or not to contact an attorney based upon the information in this blog post. No attorney-client relationship is formed nor should any such relationship be implied. If you require legal advice, please consult with an attorney licensed to practice in your jurisdiction.