Is It Medical Malpractice or Medical Negligence?
- Did you ever wonder what the difference was between medical malpractice and medical negligence?
- Did you ever find yourself in the position of experiencing what you might call medical malpractice or medical negligence because of a mistake or medical oversight?
If doctors and nurses were brutally honest with you, they would admit that medical mishaps happen every day. These mishaps are usually brushed under the carpet if the casualty is minor and does not harm the patient.
There are doctors, nurses, and other medical staff who are honest enough to report any medical mistake, no matter how small. However, the red tape, investigations, questions presented, in addition to disciplinary actions taken against the person making the mistake, hardly seems worth this honest effort. Additionally, it seems as though society is sue-happy and look for any reason to sue the medical practice, so most medical professionals are apt to silence any medical mistakes if it does not harm the patient.
Medical professionals and their facilities must set a high standard of care when handling your medical care. It is your right to expect a certain level of care, so when medical professionals and facilities go below this high level of the expected standard of care, patient injuries, other illnesses, and possible death are at risk.
If a medical mistake harmed you, it takes a wrongful accident/injury/death attorney’s expertise to sort out the details and decide if your case involves medical malpractice or medical negligence. There is a significant difference between the two. Each one leads to different financial recoveries and different burdens of proof for you, the victim. Never fight the judicial system without the assistance of seasoned medical malpractice attorneys who can help you understand your rights and options. You may lose your case or receive a substandard award.
Medical Negligence
When medical negligence occurs, it is an unintentional action. This negligence occurs due to the medical professional’s carelessness, and they did not intend to do you any harm. Quality medical professionals always intend to fill the highest standard of care and strive to do the right thing for you. If that medical professional fails to fulfill this expected quality of care, this could constitute medical negligence.
The question to you by the court is,
- Would another medical professional have taken the same action in the same circumstances?
- If another medical professional had done things differently, the person at fault may be charged with medical negligence. In these cases, the court requires expert witnesses and professionals practicing the same medical field that the defendant does to prove negligence.
- The patient’s attorney must establish that the medical professional owed to you, the patient, a set standard of care.
- Was a doctor-patient relationship present?
- Did the medical professional take an action that another professional would not have considered?
- Did this unique action cause injury, illness, and cause-specific damage to you?
Your attorney must first present these above four elements to a court of law to determine that you were the victim of medical negligence.
Medical Malpractice
While both medical negligence and malpractice are severe, medical malpractice is more powerfully distressing. When the medical professional performed a specific substandard care action and knew that these actions could cause harm to you, their activity becomes malpractice. They may not have intended to do you harm, but you ended up injured constitutes medical malpractice.
Possible Medical Malpractice Scenarios
- You go to the emergency room due to signs and symptoms of a possible impending heart attack. The doctor knows that they need to run some tests but instead discharges you home without the testing to rule out heart issues, and you soon die from a heart attack.
- You enter the hospital due to signs of a bowel obstruction. The doctor does not give you a timely diagnosis, and the block caused further damage.
- The doctor gave you a cancer diagnosis and later found out you did not have cancer, or you had cancer, and the doctor failed to diagnose you.
Both instances caused pain, mental and emotional suffering. Medical malpractice finds its way into medication errors, surgical errors, failure to follow-up care, prenatal or delivery room errors, anesthesia errors. The following are various types of medical malpractice.
- Misdiagnosis
- Childbirth injuries
- Medication errors
- Anesthesia errors
- Patients may also be harmed from incorrect treatment
If you believe that a family member or yourself was a victim of medical malpractice because a medical professional did not do their job or meet the standard of care you expected, you may be the victim of medical malpractice.
What to do if You Believe You Are a Victim of Medical Malpractice
- Hire a seasoned attorney whose practice is medical negligence and malpractice.
- Consult this medical malpractice attorney and allow them to decide if you have a malpractice case.
- Hire a medical expert
- Consider negotiations and settlements outside of court
- File your lawsuit.
Your attorney examines your case for the six elements of malpractice.
- Causation
- Foreseeability
- Damages to you the patient
- Did not deliver the standard of care
- A breach of duty leading to harm or injury
Your attorney will prove that your medical malpractice case leads to a civil crime against the doctor or nurse. This attorney must prove that there was, a duty or medical standard that the medical professional had to meet and failed to do so. In this case a breach of duty owed to you as a patient by the professional was not met. Your attorney must prove that there is a connection between the medical professional and you, the patient. Lastly, your attorney must determine that the harm brought to you, the patient, was foreseeable.
This attorney must prove that the professional knew they should have done things differently to treat you but did not. It is established that the doctor knew there was a risk to you for harm.
Never think that you can represent yourself in a court of law involving your medical malpractice lawsuit. There is too much to consider. You need to understand the specific type of lawsuit you filed, how to proceed, and how to fight for fair and just compensation.
If you live in Philadelphia or surrounding areas and were harmed by a medical mishap, give this seasoned Philly attorney a call today at 1855-442-5470. This type of case takes a seasoned accident/injury/wrongful death attorney’s expertise to ensure you get the compensation you deserve. Please access our website here and let us help you fight for your rights when you or a family member is injured or die due to a medical malpractice or medical negligent medical mishap. Medical errors are rising daily at an alarming rate.
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