Differences Between Medical Negligence & Medical Malpractice
Otherwise preventable medical errors can have a catastrophic effect on the lives of victims. Mistakes by medical professionals can result in severe physical injuries, nerve damage, paralysis, brain damage, and wrongful death. In order to be eligible for a legal claim, it must be proven that the action or inaction of a professional directly caused the injury. Medical malpractice and medical negligence are often used as interchangeable terms.
While both are types of malpractice, medical negligence and medical malpractice differ on the grounds of “intent.”
Medical negligence is an error committed by a professional without intent. Due to the inaction or ignorance of a physician, surgeon or nurse, the patient is negatively affected by negligent sub-standard care. Medical negligence can include misdiagnosis, failure to treat a patient, diagnostic revisions, and failure to inform patients of possible risks or complications. There are several instances when medical negligence is eligible for a medical malpractice claim. It must be proven that medical care or service was owed but not administered; a medical professional failed to act responsibly; and the negligence directly caused injury or death.
Medical malpractice is an error that involves intent. This occurs when a professional performs a service in a reckless or unsafe manner that is not the accepted standard of care. When a physician, surgeon or nurse knowingly puts a patient in harm’s way it can result in surgical errors, childbirth complications, and anesthesia misapplication. For a medical malpractice claim, it must be proven that the reckless action of a medical professional directly caused the injury or death of a patient.
These complicated case types require the expertise of an experienced medical malpractice attorney. Prochaska, Howell & Prochaska provides victims with the personalized care and representation you deserve. We are dedicated to helping you reclaim your life by finding the fair compensation you deserve. Please contact our medical malpractice attorneys for a consultation, so we can review your case.