Before undergoing any type of medical exam, test, or procedure, you should be made fully aware of what is going to happen, what the desired outcome is, and what the possible complications are.
You will even sign a consent form that provides all that information in writing. There are many scenarios where the desired outcome isn’t what was hoped for. That is reasonable to accept. What you shouldn’t have to accept is a complication or further injury due to a mistake.
When medical care goes wrong, patients and their families often wonder whether the issue stems from malpractice or simple negligence.
Although the two terms seem similar, they have distinct legal meanings and implications, and understanding the differences can be essential when pursuing legal action or determining whether a healthcare provider can be held responsible for a poor outcome.
Defining Medical Negligence
Negligence happens when healthcare providers fail to meet the commonly accepted level of care that another competent medical professional would provide. This does not necessarily mean the provider acted with intent to harm, but instead that they made an avoidable mistake.
For example, if a nurse forgets to check a patient’s chart before administering medication and gives the wrong dosage, that would be considered negligence. While the nurse didn’t intend to cause harm, there was an error because they failed to follow proper procedures.
In this case, it was a careless oversight rather than a deliberate act of wrongdoing.
The key factor is whether the provider’s actions failed to match what another reasonably skilled professional would have done in the same situation.
Understanding Medical Malpractice
Medical malpractice is also a type of negligence with additional legal requirements.
Malpractice happens when a healthcare provider not only acts negligently but also violates the professional standard of care in a way that causes significant harm to a patient.
For a case to qualify as medical malpractice, the patient must prove four key elements:
- The healthcare provider had a professional duty to provide you with competent medical care.
- The provider breached that duty by deviating from accepted medical practices.
- That breach of duty directly caused you harm.
- You suffered measurable damages as a result.
For example, it would be medical malpractice if a surgeon operated on the wrong body part despite having access to the patient’s correct medical information. This is beyond a minor mistake and shows a severe lapse in professional judgment that led to significant harm.
Key Differences Between Negligence and Malpractice
While all medical malpractice cases include negligence, not all negligence cases meet the requirements of malpractice. The key difference is the severity of the error and its impact on the patient. Negligence may result in minor harm, while malpractice generally results in more severe consequences, including wrongful death.
Another difference is intent. Medical malpractice doesn’t require proof of an intent to harm, but it’s often about a general disregard for well-being and safety. If a provider knowingly ignores your symptoms or fails to order necessary tests despite clear warning signs, they could be held accountable for malpractice rather than simple negligence.
The legal process also differs. Proving malpractice requires expert testimony to establish that the provider’s actions failed to meet the accepted standard of care. Courts often rely on medical experts to explain what a competent provider would have done differently.
The Impact on Patients
The National Library of Medicine reports that 400,000 hospitalized patients experience some preventable harm each year.
Both medical negligence and malpractice can lead to severe health complications, but malpractice cases tend to involve more severe consequences, such as the need for prolonged treatment, ongoing financial hardship, and emotional distress.
Legal options for victims will depend on the nature of the case. In a negligence claim, the awarded compensation may cover medical bills, lost wages, and other expenses. In malpractice cases, however, higher damages are often awarded because of the severity of harm and potential long-term consequences.
If you suspect you’ve suffered from medical negligence or malpractice, consult a qualified attorney to assess your case.
At Barrera Law Group LLC, we know that medical errors can be complex, and determining whether a case meets the legal standard for malpractice requires a thorough review of records, expert opinions, and legal analysis.
It’s also important to understand that waiting too long to pursue legal action can mean losing your right to seek compensation, as many states impose a statute of limitations, which are strict deadlines for filing malpractice claims.
Ultimately, whether your case involves negligence or malpractice, you have the right to expect professional and competent medical care. When that expectation isn’t met, you and your family have legal options to help provide a path to justice and financial recovery.
We can help you along that path.