Posted by Gary Burger on October 5, 2017 in Personal Injury
Gary: The standard of care is the average standard of care in the community. It’s not the best or the highest or the 99%, and even surgeries at Washington University or the best medical, Mayo Clinic or wherever, that people get infections, and that happens, and that is not medical malpractice.
And then, there are always risks attendant to surgery. You may not have the greatest recovery. You may have back surgery and still have pain. You may have a hip replacement and still have a leg length discrepancy. You may have plastic surgery, and it doesn’t turn out well, and you have scarring, you have infection, you have necrotic tissue.
There’s a host of things that doctors cannot, they’re not guarantors. It’s not a 100% guarantee, far from it. So, we end up turning down the vast bulk of the medical malpractice calls we take, would you say?
Joel: I would definitely say that.