Difference Between Medical Negligence and Malpractice

Medical malpractice and negligence are two legal terms that refer to different types of medical errors. Although both terms are related to mistakes made by medical professionals, they have different meanings and consequences. It is important to understand the differences between medical malpractice and negligence, especially for those who are suffering from the consequences of this

Medical Negligence

Medical negligence refers to a failure by a healthcare professional to provide a standard of care that a reasonable person would have provided under the same circumstances. Medical negligence occurs when a healthcare provider fails to diagnose a condition or provides inadequate treatment, resulting in harm to the patient. This can happen for various reasons such as lack of attention, improper diagnosis, inadequate treatment, and failure to inform the patient about risks associated with treatment.

To establish medical negligence, the plaintiff must prove the following elements:

• Duty of care: The healthcare provider owed a duty of care to the patient.
• Breach of duty: The healthcare provider breached the duty of care by failing to provide a standard of care.
• Causation: The breach of duty caused harm to the patient.
• Damages: The patient suffered damages due to the breach of duty.

The standard of care in these cases is based on what a reasonable healthcare provider with similar training and experience would do in the same situation. The standard of care is not based on the best possible care but on what is considered reasonable care in the circumstances.

Medical Malpractice

Medical malpractice is a type of negligence that occurs when a healthcare provider intentionally or negligently deviates from the standard of care, resulting in harm to the patient. Medical malpractice occurs when a healthcare provider intentionally or negligently performs an act that causes harm to the patient.

To establish medical malpractice, the plaintiff must prove the following elements:

• Duty of care: The healthcare provider owed a duty of care to the patient.
• Breach of duty: The healthcare provider breached the duty of care by intentionally or negligently deviating from the standard of care.
• Causation: The breach of duty caused harm to the patient.
• Damages: The patient suffered damages due to the breach of duty.

Medical malpractice can occur due to a number of different reasons. Below are some common examples of how medical malpractice can result in a lawsuit:

• Failure to Diagnose: A doctor may be liable for medical malpractice if they fail to diagnose a patient’s medical condition correctly, leading to delayed or incorrect treatment.
• Surgical Errors or Unnecessary Surgery: Surgeons may be held responsible for medical malpractice if they make errors during surgery or perform unnecessary procedures that cause harm to the patient.
• Prescribing the Wrong Medication: Medical professionals may be liable for medical malpractice if they prescribe the wrong medication, the wrong dosage, or fail to consider possible drug interactions that could harm the patient.
• Disregarding or Failing to Consider Appropriate Patient History: Doctors and healthcare providers may be held liable if they disregard a patient’s medical history, leading to incorrect or inadequate treatment.
• Not Ordering Proper Tests: If a doctor fails to order appropriate tests to diagnose a patient’s medical condition, they may be held responsible for medical malpractice.

The Difference Between Medical Malpractice and Negligence

The key difference between medical malpractice and negligence is the intent of the healthcare provider. Medical malpractice involves intentional or reckless conduct by a healthcare provider, whereas medical negligence involves a failure to meet the standard of care.

Medical malpractice cases are often more severe than medical negligence cases because they involve intentional or reckless conduct. In medical malpractice cases, the healthcare provider’s intent is to cause harm to the patient, whereas in medical negligence cases, the healthcare provider’s intent is not to cause harm but to provide care that falls below the standard of care.

Medical malpractice cases often result in more significant damages than medical negligence cases because the conduct is intentional or reckless. Medical malpractice cases can result in punitive damages, which are designed to punish the healthcare provider for their conduct. However, punitive damages are not available in medical negligence cases because the healthcare provider’s conduct was not intentional or reckless.

Compensation for Your Injuries

Suffering from medical injuries can have a significant impact on various aspects of your life, including financial, physical, and emotional well-being. That’s why when you hire a lawyer, they will conduct a comprehensive assessment of how your injuries have affected you in the past, present, and future.

The lawyer will then determine the value of both economic and non-economic damages and present them to the medical provider’s insurer. The goal is to negotiate a fair settlement, but if that’s not possible, your lawyer can file a lawsuit and take the matter to civil court. It is important to make sure that your case is filed as soon as possible to ensure that it stays within Florida’s Statute of Limitations.

If your case is successful, you may receive compensation for a variety of damages, including:

• Medical Expenses: This includes expenses related to doctor visits, therapy, prescription drugs, corrective surgery, and future medical expenses.
• Pain and Suffering: This encompasses not only physical pain but also emotional distress, such as anxiety and depression.
• Loss of Consortium: If a wrongful death occurs due to medical malpractice or negligence, family members may receive compensation through a wrongful death claim. Loss of consortium can also include the loss of “family benefits,” such as sexual relations, companionship, affection, and comfort.
• Loss of Wages or Future Earning Capacity: In cases where severe injuries permanently affect your ability to work, you may seek compensation for lost wages and damages for future earning potential.

Knowing When to Seek Legal Advice

In summary, the key difference between medical malpractice and negligence is the intent of the healthcare provider. Regardless of which one it ends up being, the results can be devastating and potentially life altering for patients. While compensation may not be able to undo the physical harm, it can help victims of malpractice and negligence regain normalcy in their lives.

Because of the complex series of laws surrounding medical malpractice and negligence, it is strongly recommended to work with an attorney specializing in medical malpractice in order to ensure the best possible financial and legal outcome. This will ensure the best possible future for victims and their families.