The possibility for errors can exist during a regular checkup with a family doctor from a slip in a needle when drawing blood to a more critical surgery which could result in problems.

There are situations where these errors require the patient to file a lawsuit for medical malpractice or negligence. Although the distinction between these two can be quite complex, negligence can be categorized under medical malpractice. However, it is important for patients to be aware of the difference that exists between these two terms.

There is clearly a distinction between medical malpractice and medical negligence, but it has far-reaching consequences. In short, medical negligence is a failure to comply with the applicable patient care norm. Nonetheless, this failure does not reach the level of medical malpractice unless you experience any harm.

Understanding the difference between medical negligence and medical malpractice can enable victims of an injury from a Healthcare provider to effectively know the type of case to pursue when filing a lawsuit. Of course, the help of an expert attorney is also required, but being familiar with the fundamentals of negligence and malpractice is an excellent idea.

Cases of medical malpractice vary from ordinary cases of negligence, especially in relation to the quality of care. For instance, in the case of a car accident. When your driver causes an accident due to texting and driving, it can be relatively easy to conclude that your driver has not met the standard of care.

Comparing the example above with a scenario where the doctor is said to have done an MRI in a reckless manner rather than a CT scan, which would result in a delayed diagnosis. Here, using common sense only can’t, of course, decide if this was negligence on the part of the physician. Rather, an expert physician’s testimony will be needed.

Remember that it is up to your jury to determine who to trust. The purpose is to show (i) the exact level of treatment your doctor owes you and (ii) your doctor breaches this norm. So, your objective is to have a competent witness.

Your personal injury attorney should also be aware of these differences to properly handle your case and understand its various elements that can assist you in winning the case and avoid dismissal or reduction in your compensation.

In order to seek compensation, either at the trial or at a negotiation table, the existence of any of the legal elements of medical malpractice must be shown.’ Simply put, this implies that the facts will prove that it is more probable that any element of medical malpractice occurs (around 51% probability). Such elements are:

1. The presence of a relationship between the doctor and the patient. The doctor must have treated or has agreed to treat you or was consulted. The relationship would not be formed if, say, a physician off duty was involved in a car crash and provided first aid. That was not the case.
2. The standard of treatment is a professional standard that is usually established in court by medical professionals – “What would a fairly cautious doctor have done in similar circumstances? The defendant’s treatment fell short of “the applicable standard of care. ” 
3. The failure of the defendant to comply with the quality of treatment caused the damage that you suffered.
4. Owing to the losses which you have sustained, the damage can be remedied by financial compensation (medical costs, loss of employment, pain, and suffering, etc.).

The first two points establish medical negligence. The third and fourth requirements must also be identified for the award of medical malpractice compensation.

 

Medical Negligence

Medical negligence occurs when a health care provider unknowingly injures a patient by neglecting to perform a required task or by just being ignorant. Negligence is very common when prescribing medication. For instance, a physician can prescribe a medication without considering the harmful effect of the interaction of two particular drugs that could result in a normal pain or a consequence that could be life-threatening. Medical negligence is applicable when the mistake of a physician during treatment, causes injury or harm to the patient. 

Medical negligence can also result in other severe or life-threatening cases such as prescribing a wrong anesthesia dosage, puncturing an organ during a surgical procedure or neglecting to offer the required guidelines after a procedure. 

The physician and medical practitioner in any of the cases might not have the intention of harming the patient, but being negligent or refusing to carry out certain actions could threaten the life of the patient.

 

Medical Malpractice

Medical malpractice also happens in quite a similar setting. However, unlike medical negligence, the health care provider understands the possible effects associated with their actions or inactions and still goes ahead. The Healthcare provider or medical practitioner is aware of what should have been done and the effects of the negligence upon a patient. The physician might not intentionally harm the patient, but the action or inaction of the physician might cause harm to the patient. Basically, medical malpractice is a violation of the duty of care by a healthcare provider or physician.

A common concern for medical malpractice is a surgical procedure. For instance, if proper sterilization of surgical apparatus is not done by a surgical team due to rush and resulted in infection or even severe outcome in the patient, it can be considered as a form of medical malpractice. 

The wrong prescription of medication is also common among medical malpractice cases over the years which have involved several top celebrities such as Prince, Elvis, and the likes. In some other cases, it has been indicated that few physicians do not have the proper incentive to determine if a patient should be given pain medication that can result in overdose or addiction in some conditions.

However, not every unfortunate outcome from a medical procedure qualifies to be considered medical malpractice. There is a limit to what physicians and medical practitioners can do in a different situation. They might be unable to stop an unfortunate event from happening or unable to save a life, even though they have a duty to provide the required care for their patients.

This duty of care depends on what a competent individual in a similar condition having similar knowledge would have done. This can be quite difficult to prove which is why the family of a victim or a victim should enlist the help of a professional medical malpractice attorney.

Final Thoughts

Patients should be aware that every unhappy encounter with a medical practitioner should not always result in medical negligence or malpractice claim.

However, it is important to always enlist the help of a professional attorney that can determine if the condition requires filing for a lawsuit as well as the processes involved.