What’s the Difference Between Medical Malpractice and Medical Negligence?

You’re watching your favorite medical series on a streaming platform. You hear the words  “medical malpractice” and “medical negligence” come up a few times. It’s a common head-scratcher to confuse the meanings of the two terms.

Although related and often used interchangeably, if you plan to or already work in healthcare, knowing the distinctions between the two is important. 

When a patient or client chooses to take legal action against a medical practitioner or institution for medical negligence or malpractice, they will need an attorney familiar with medical malpractice. In such cases, one example is a bedsore lawyer. Expert lawyers, like an attorney Fort Lee, are crucial for a successful case solution.

 But first, let’s take a closer look at how these two terms differ.

What Is Medical Negligence?

Medical negligence happens when a healthcare professional falls short of the accepted standard of care expected. This mistake causes the medical professional to perform an action that harms the patient unintentionally.

If other healthcare professionals in the medical community would take a different action under similar circumstances, the faulted practitioner has not adhered to set standards.

Since the errors of medical negligence could lead to permanent damage that may affect your quality of life, it’s considered a grave mistake that has dire legal consequences. Medical negligence can be any but not limited to the following:

• Misdiagnosing or failing to diagnose a condition
• Not ordering necessary diagnostic tests
• Prescribing the wrong medication or dosage
• Accidentally cutting a blood vessel during a surgical procedure
• Not following up with a patient after treatment

In these scenarios, the harm caused to the patient wasn’t intentional. They may have resulted from a lapse in judgment or care.

What Is Medical Malpractice?

Medical malpractice, on the other hand, is a broader term that encompasses medical negligence but also involves a legal claim. It occurs when a healthcare provider’s negligent act or omission directly causes injury or harm to a patient. 

The key difference is in the intention. In medical negligence, the mistake is unintentional, whereas in medical malpractice, the healthcare professional is fully aware of the risks and yet proceeds with action that causes harm.

To prove medical malpractice has taken place can be quite tricky as an ailing human body is complex with its response to medical interventions. However, to ascertain if medical malpractice has taken place, the following elements must play out: 

1. A duty of care must be owed to the patient.
2. The healthcare provider breached that duty by failing to conform to the standard of care.
3. The breach of duty directly causes injury or harm to the patient.
4. The patient suffers actual damage as a result.

These damages could be physical pain, mental anguish, or additional medical bills. Some instances of medical malpractice include:

• A surgeon leaving a surgical instrument or other object inside a patient, leading to infection. 
• A doctor prescribing a medication disregarding the patient’s allergy history. 
• Delaying treatment for a condition that progresses to a more severe state due to the delay.

Bottom Line

Both medical negligence and malpractice harm the patient. However, while the former is unintentional, the latter is more willful.

If you think you might have a case of medical malpractice, it’s wise to consult with a personal injury lawyer. They can help you with all the paperwork and representation after case review to see if you have a valid claim.

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