Did you know that according to Forbes Magazine, medical errors cause 251,000 fatalities and account for 9.5% of all deaths in the US each year? Medical malpractice is one of the leading causes of death in the country. Misdiagnosis is one of the most common types of malpractice.
From the perspective of a healthcare professional, either negligence or medical malpractice could have caused the patient’s injury, whether it was intentional or not.
Knowing the difference between medical malpractice and negligence is important for both doctors and people in the healthcare industry. According to San Bernardino Medical Malpractice Lawyers, if a patient experiences injury due to medical malpractice or negligence, they should be aware of their legal rights and file a complaint in order to seek compensation.
Let’s look at how medical malpractice and negligence differ from each other.
Definition and Elements
Medical malpractice refers to healthcare providers’ professional negligence, in which the treatment provided deviates from the accepted standards of practice in the medical community, causing harm to the patient.
Negligence, on the other hand, is a broader term that encompasses any careless or reckless behavior that results in harm to another person.
Healthcare providers owe their patients a duty of care to provide treatment consistent with the accepted standards. When the provider fails to meet these standards, a breach of duty occurs.
Causation establishes a connection between the patient’s harm and the breach of duty, while damages refer to the actual harm or losses incurred.
Knowing what is negligence vs malpractice is helpful in determining whether you have a valid claim. You can file a medical malpractice or negligence claim based on the unique circumstances you have experienced.
Legal Standards and Requirements
It is important to understand the legal standards and requirements that govern these situations in order to tell the difference between medical malpractice and negligence.
Healthcare providers in medical malpractice cases adhere to a specific standard of care, which mirrors the actions of a reasonable and prudent provider under similar circumstances.
Expert testimony from other medical professionals in the same field often determines this standard. Negligence, on the other hand, involves a failure to exercise the level of care that a reasonable person would in similar circumstances.
Legal requirements for proving medical malpractice typically include establishing a doctor-patient relationship, demonstrating that the healthcare provider breached the standard of care, proving that the breach caused harm to the patient, and showing the damages incurred.
In negligence cases, the focus is on demonstrating that the defendant owed a duty of care to the plaintiff, failed to uphold that duty, and caused harm as a result of that failure.
Understanding these legal standards is important in determining the appropriate course of action in cases involving medical errors.
Proof and Burden of Proof
As the plaintiff, you bear the responsibility of proving that the healthcare provider breached the standard of care owed to you, resulting in harm. You need to present evidence that demonstrates that the healthcare provider acted in a manner inconsistent with what a good provider would have done in similar circumstances.
Most of the time, the accuser has to show that the provider’s actions or lack of actions directly caused the injury. We refer to this as a preponderance of the evidence. To back your claim, it’s important to get medical records, expert evidence, and any other relevant paperwork.
In negligence cases, the plaintiff must prove that the defendant acted negligently and caused the harm or losses. For both medical malpractice and negligence claims, it is essential to have the right paperwork and expert views.
Types of Damages and Compensation
In cases of medical malpractice or negligence, you may be able to recover different kinds of damages, such as economic damages and non-economic damages. Economic damages include items such as medical bills, lost wages, and future medical expenses directly resulting from the wrongdoing.
Non-economic damages, on the other hand, refer to your pain and suffering, mental distress, and loss of enjoyment in life.
Compensation in medical malpractice or negligence cases aims to provide you with financial redress for the harm you have suffered due to the healthcare provider’s actions. The severity of the injury, its impact on your quality of life, and the healthcare provider’s negligence can affect compensation.
Seeking legal advice from a qualified attorney specializing in medical malpractice can help you understand the types of damages you may be eligible for and pursue just compensation for your losses.
Conclusion
Understanding the difference between medical malpractice and negligence is needed when seeking legal action for harm caused by a healthcare provider.
Knowing the legal standards, burden of proof, and types of damages available can help individuals deal with these types of claims. Hiring a personal injury lawyer allows you to create a strong strategy and will ensure that you are compensated for the harm caused by your healthcare provider’s negligence.
