In general, it is malpractice if the injury or “bad outcome”
could have been prevented or should have been avoided. On the other hand,
if the healthcare provider acted reasonably and took reasonable precautions
and an injury resulted anyway, the injury might be a known complication.
Determining whether an injury was malpractice or a known complication
often involves an expert opinion by another healthcare provider in the
same or similar area of medicine and your attorney will investigate the
care and treatment to determine this answer.