People often interchange the terms medical malpractice and negligence. This could cause problems as the two legal terms have key differences. This is especially true in the realm of healthcare.
Medical malpractice and negligence revolve around the failure to provide proper care. The key distinction between the two lies in the intent and standards involved. Understanding the difference between the two can help make navigating legal processes easier.
So how does medical malpractice differ from negligence? This post will provide some insights.
Defining Medical Malpractice and Negligence
Medical malpractice occurs when a health professional doesn’t give the standard of care. This omission then resulted in injury or harm to the patient. Any medical malpractice lawyer will tell you this is a form of negligence. Medical malpractice has a higher threshold to prove though.
Medical malpractice often involves issues like misdiagnosis or surgical errors. Prescription errors fall under medical malpractice.
Negligence happens when someone fails to act with a level of care. This is care or action that a reasonable person would have done in a similar situation. It’s not specific to professionals in the legal sense. It also does not need the same duty of care as medical malpractice.
Negligence in healthcare can refer to failures by an entity that results in harm to the patient. It’s considered negligence when a nurse gives the wrong medication due to distraction.
Malpractice lawyers look for four elements to prove medical malpractice or negligence. They will first consider Duty of Care and Breach of Duty. They will also look for Causation and Damages.
How Does Medical Malpractice Differ from Negligence?
Medical malpractice and negligence are often confused, especially in healthcare-related injuries. Both involve failures in care that lead to harm but they are not the same.
Someone pursuing legal action must understand the distinction between them. Here’s how the two concepts differ in criteria and consequences.
- Standard of Care. A medical malpractice attorney bases this on what a medical professional would’ve done. A negligence lawyer will base the standard of care on what a reasonable person would do in general.
- Level of Expertise. Medical malpractice involves the specialized knowledge and training of healthcare professionals. Negligence is more general. This can also apply to anyone.
- Intent. Medical malpractice entails a professional’s failure to meet a standard of care. This refers to what is standard within their field. It doesn’t need the intent to harm the patient. Negligence is a little different. It also doesn’t need intent but it’s broader in scope. It also doesn’t always involve specialized knowledge.
- Complexity of Proof. Attorneys for malpractice often need expert testimony to prove their case. The expert will establish what the standard of care is and how the provider deviated from it. That’s why establishing proof of medical malpractice claims is challenging. Negligence claims are easier to prove. It also requires less specialized knowledge.
What are Common Examples of Malpractice and Negligence?
Medical malpractice and negligence might seem the same to ordinary people. Their differences are clear when one looks at cases of malpractice and negligence.
A misdiagnosis or delayed diagnosis is one example of medical malpractice. A doctor failing to diagnose a serious condition in time often leads to harm. Surgical errors, like leaving surgical instruments inside the patient, are malpractice. Patients will need lawyers for malpractice if these happen to them.
A patient slipping and falling in a hospital is a negligence case. So is improper patient care. For example, a nurse neglects to turn a bedridden patient. This inaction then causes bedsores. the patient can file a negligence case against the nurse or hospital.
Both medical malpractice and negligence can lead to significant harm. They also have serious legal consequences. The distinction between the two is essential for pursuing legal action. Medical malpractice attorneys Orlando will need a higher standard of proof. Malpractice cases are often complex. Negligence cases have a broader scope and are less specialized.
A Final Word
Medical malpractice claims are often complicated. Let Warner and Warner simplify it for you. We’re one of Florida’s premier trial attorneys. Our company has a proven track record of success when it comes to personal injury cases. It’s because we always fight hard for our clients and their rights. We specialize in medical malpractice, personal injury, and nursing home neglect. We also take on wrongful death and defective product cases. You can reach us here or at (321) 450-7928.