Finding out your medical appointment or procedure didn’t go as planned is stressful enough. Now you learn the issue is caused by a medical mistake. You’re trying to process this information and figure out if you have grounds to file a personal injury claim.
The last thing you want to do is start navigating the difference between medical malpractice vs negligence claims. Yep, your injury may qualify for medical malpractice. On the other hand, you may be looking at a medical negligence claim. So, how in the world do you know which legal route to take? All you really care about is recovering from your injury and receiving at least some compensation.
What is Medical Malpractice?
Medical malpractice claims can be filed against just about any healthcare professional. Before your claim can go anywhere, you must prove intent. This doesn’t necessarily mean the healthcare professional set out intending to harm a patient. This should make you feel a little better about your next doctor’s appointment.
When intent applies to medical malpractice claims it refers to an act or lack of one the professional knew or should’ve known. A good way to explain this is by using an example. A reasonable surgeon isn’t going to leave a sponge in a patient after a surgical procedure. Failing to remove the sponge is a lack of action a reasonable surgeon will take. Some other examples of medical malpractice can include but certainly not limited to are:
- Anesthesia errors
- Failing to accurately diagnose a medical condition
- Delaying diagnosis
- Failing to get informed consent from a patient
- Improperly using medical equipment
- Negligence during prenatal care, labor, or delivery
- Failing to provide adequate follow-up care
Prescription errors can also be a form of medical malpractice. The physician may prescribe the wrong medication or dosage. A pharmacist may fill the wrong prescription or misread the dosage. Any of these scenarios can usually be grounds for filing a medical malpractice claim.
What is Medical Negligence?
Medical negligence isn’t all that different from malpractice. The same examples of inadequate care can apply to both types of injury claims. The primary difference is medical negligence doesn’t pay too much attention to intent, like medical malpractice cases. Instead, you’re focusing on the healthcare provider’s act or omission that results in an injury.
Okay, in simple terms medical negligence pays more attention to the standard of care. You must show the healthcare provider didn’t meet the accepted level of care. Typically, this means bringing in expert testimony to prove your care is subpar.
Side-by-Side Comparison of Medical Malpractice vs Medical Negligence
The similarities between the two types of tort law can make it tough to figure out any differences. You’re going to need to show the healthcare professional owes you a duty of care. You must also show they violated this duty and this is the cause of your damages. Yep, you’re proving the four elements of negligence regardless of whether you’re filing a medical malpractice or medical negligence claim.
Another similarity is you’re probably going to need expert witness testimony for both types of claims. You must show there’s a connection between the breach of duty and your injuries. If you’re not a medical expert, it’s tough to get across. Now on to the differences and there are a few.
Scope of Your Application
Malpractice claims only apply to healthcare professionals. For example, if you’re injured in an auto accident you’re not going to file a medical malpractice claim against the at-fault driver. However, you can file a negligence claim. Remember, negligence looks more at actions or inactions and not intent like medical malpractice claims.
Definition of Standard of Care
In medical negligence claims you’re only looking at a general breach of care. In other words, the same standard of care applies in car wrecks, slip-and-fall accidents, and medical negligence claims. Essentially this standard of care requires everyone to act in a way that doesn’t place others at risk.
The definition of standard of care in medical malpractice claims is a lot more narrow. You’re looking at a specialized standard of care upheld by all medical professionals. You’re not going to hold the at-fault driver liable for not placing a bandage on an open wound. However, if a medical professional ignores your injury in the examination room, it’s a breach of their standard of care.
Potential Penalties
Since negligence can apply in just about any industry, penalties and other consequences can vary. The industry may have something to say about any penalties, along with local, state, and federal laws. Things are a little different in medical malpractice claims. You’re only dealing with one industry regulated by laws and the state’s medical board.
Penalties tend to be more severe for healthcare providers in medical malpractice claims. On the other hand, some medical negligence claims can result in the same severe penalties as a malpractice suit. Each claim is different and this typically impacts the potential penalties.
Possible Legal Ramifications of Medical Malpractice and Negligence Claims
The implications for the at-fault party in negligence claims typically depend on the industry. With that being said, if the negligence claim is against a healthcare professional the legal ramifications are about the same. Along with filing a lawsuit in civil court, healthcare professionals can also take reputational hits. This also applies to healthcare facilities. Yep, you can file a medical malpractice or negligence claim against a healthcare facility if it’s liable for your damages.
The primary ramification of these types of claims is the financial consequences. Even though some states cap damage amounts in medical malpractice and medical negligence claims, the judgments against the healthcare provider can be significant.
Do You Know Which Type of Injury Claim You Have?
Even comparing the two types of injury claims side-by-side doesn’t always clear up all of the confusion. The similarities can make it tough to figure out the differences and you don’t want to file the wrong type of claim. To make the legal process a little easier, it’s a good idea to work with an experienced personal injury attorney.