Can a victim sue for the possibility of what could have happened during a medical procedure? | Shapiro, Washburn & Sharp

Although it may be stressful or frightening to find out there was negligence involved in a medical procedure you underwent that could have caused you an injury, as long as the error was caught and corrected right away and the patient did not suffer harm, then there is not basis to file a malpractice lawsuit. There must be damages – injury, pain and suffering, other losses – or the need for more medical treatment in order to be deemed malpractice.