We go to hospitals for treatment and to get well, so it is always devastating when that treatment results in further harm or even death. I have sat with many grieving families who are seeking answers regarding a loved one’s death or injury. Eventually, one question that arises regards the difference between medical malpractice and medical negligence. These are two different legal concepts and can be confused easily by laypeople or even inexperienced attorneys. I have drafted the following blog post to provide an overview of these two types of negligence claims and to answer basic questions about them.
If you or a loved one has been injured or killed as a result of medical malpractice or medical negligence, you must find experienced counsel immediately to help you attain your fair share of compensation. Contact us now at (800) 707-9577.
Medical Malpractice vs. Medical Negligence
In the most general terms, negligence is when a person has a duty of care to another person and does not reasonably fulfil that duty, resulting in harm. “Medical negligence” means that a medical professional such as a doctor or nurse deviated from the accepted standard of care in their treatment of you or a loved one. This deviation must be unreasonable, but it does not have to be intentional. Rather, the medical professional simply has to act inappropriately under the circumstances due to his or her ignorance. Plaintiffs often bring medical negligence case in cases of “mistakes” or omissions.
In comparison, “medical malpractice” occurs when a medical professional intentionally deviates from the accepted standard of care. Intent is the key to a malpractice case; in this type of case, a plaintiff must show that the medical professional was aware of the appropriate standard of care and decided to treat his or her patient in a manner that fell below that standard. I need to be clear; I am not indicating a situation where the medical professional decided to harm a patient—that is an assault or wrongful death claim—but, instead, I am describing a situation where the medical professional intentionally deviates from the accepted standard of care and harm unintentionally results.
In essence, medical malpractice is a more severe subset of medical negligence. The added component of medical malpractice is that the medical professional intentionally deviated from the standard of care, while the medically negligent practitioner simply failed to meet it. In either case, you will need to carefully gather evidence, preserve medical records, and make sure that you follow care legal advice to preserve your claim.
What Should You Do If You or a Loved One Has Been Injured or Killed by a Medical Professional?
If you have suffered an injury caused by the actions of a health care provider, you may be able to receive compensation for your losses. Winning a medical negligence or malpractice case is difficult. Filing the correct claim, against the proper party, with the appropriate evidence could mean the difference between being amply compensated and receiving nothing. Let experienced counsel take care of organizing your bills, attaining statements from expert witnesses, and dealing with the doctors and hospital’s attorneys. These are just a few of the critical, complex tasks that a personal injury attorney will handle for you while you concentrate on healing and getting back on your feet again.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you or a loved one has suffered an injury due to an injury related to medical care. Contact us now at (800) 707-9577.
