While medical malpractice and medical negligence can very often be related, as far as legal concepts go the two terms each have their own distinct meanings. Let’s take a look at the differentiation between the two legal terms, as well as how they are linked and why they are so often used interchangeably.
Medical negligence occurs when a medical practitioner does not provide adequate treatment to a patient based on the traditional methods of treating that patient’s specific illness. If a doctor is found to have been negligent, it means that he or she has been careless in their actions or diagnosis, and has not provided the patient with the best possible care options as per their assumed knowledge as a medical practitioner.
While medical negligence can occur in a wide variety of health related settings, trying to make a claim based on medical negligence alone will not suffice. In order for a negligence claim to hold any value there must be proof of the practitioner’s negligence by way of injury, a worsened condition, or — in extreme cases — unnecessary death.
That’s where the term medical malpractice comes into play. Malpractice is categorized as a type of negligence where a medical professional is found to have been providing sub-par health care that is not up to standard, subsequently causing harm or distress to the patient. All medical malpractice claims are based around medical negligence, however in a medical malpractice claim the patient who feels they have been wronged will have evidence to prove their case based on health records.
With an estimated 48,000 deaths per year as a result of dangerous medical mistakes, we understand the importance of providing exceptional legal representation for all medical malpractice claims. Our attorneys have experience working with medical experts to demonstrate medical malpractice and take great pride in making things right for our clients.