How do I know if a bad outcome after surgery is actually malpractice?
I had a routine gallbladder operation and ended up back in hospital with an infection and a second surgery. The surgeon says complications happen. How can I tell whether something was done wrong or I was just unlucky?
1 lawyer answer
A poor result on its own is not malpractice. A claim generally needs four things: the provider owed you a duty of care, they fell below the accepted standard of care, that failure caused your injury, and you suffered real harm (extra treatment, lost income, pain).
The hard part is the second element. Whether an infection or a second operation reflects substandard care is usually a medical question, so lawyers have the records reviewed by an independent doctor in the same specialty before deciding whether a case is viable.
Request a full copy of your medical records now, including operative notes and nursing notes, and write down a timeline of symptoms and conversations while they are fresh.
This is general information, not legal advice — speak to a licensed lawyer about your situation.
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