What Is the Difference Between Medical Malpractice And Medical Negligence?
In order to have a successful claim against a healthcare provider, it is very important that your attorney is experienced in dealing with specific cases. An attorney must be knowledgeable about the difference between malpractice and negligence. Having a trusted attorney on your side can help your case, especially when dealing with insurance companies and healthcare providers. Our attorneys work tirelessly to make sure that you get the compensation you deserve. Dealing with accidents caused by a healthcare provider could be a very stressful experience, that is why we are here to help you through your legal claim from start to finish.
Contact our personal injury attorneys today to schedule a free consultation with our top-rated accident attorneys. During your consultation, we will review whether your claim falls under a malpractice or a negligence lawsuit.
Filing a lawsuit against a healthcare or a medical provider could be very complex, and involves several legal hurdles and elements one must have to jump through and prove. If you miss just one element, it could cost your entire case, along with thousands of dollars in compensation. Heading an experienced attorney will help ease the process and help you understand the difference, along with the value of your legal claim.
What is medical negligence?
- In 2021, more than 290 people were killed in traffic accidents.
- This number has increased 21% compared to 2020
- Other than car accidents fatalities, pedestrian fatalities (link: pedestrian accidents) rose 6% in 2021.
- The Los Angeles Police Department estimates the number of car accident fatalities are to be much higher in 2022 as several other cars are now on the road as businesses open up.
What are common causes of car accidents in Los Angeles?
Negligence is a term used to refer to a party’s careless actions or reckless actions. When you file a medical negligence claim, you are accusing a medical professional for a breach of their duty. In order to prove negligence, the attorney must have to show:
- The party had a duty to the injured victim. The duty was to act in a reasonably safe manner, and prevent any foreseeable accidents from occurring.
- The party breached that duty when they did not act in a reasonably safe manner.
- Because the defendant breached that duty, they caused the accident to occur.
- The accident then caused the victim to suffer monetary damages.
In order to prove negligence, there are several elements that the plaintiff must have to show depending on the circumstances. For example, if the doctor has left an instrument in your body after the surgery, you may be able to file a negligence claim against them to show that their duty was to operate in a reasonably safe manner, but they failed to do so when they left the instrument in your body.
What is medical malpractice?
Medical malpractice is a legal claim filed against a medical or healthcare provider to show that the party knew or should have known that they didn’t act in a reasonably safe manner. This is done by comparing the actions with other people holding the same position. The actions are viewed in the light of a reasonable person. This means that if what the doctor did was not considered reasonable in the medical community, then they most likely are liable for medical malpractice.
Who are potential defendants in a medical malpractice or medical negligence lawsuit?
The defendant is the party that is representing themselves in a lawsuit. The defendant is one who the lawsuit is filed against, and could raise the defense to avoid paying out the claim.
- Physical therapy facilities
- Physician assistants
What are examples of medical negligence?
- Misdiagnosis: this occurs when the medical provider takes a look at all your symptoms, yet determines the incorrect diagnosis. This occurs when the medical provider does not provide individualized attention to their patient’s needs, and instead points a finger to another type of illness that may not be the root cause.
- Surgical errors: surgical errors occur during surgery when medical professionals fail to prevent further accidents. For example, one of the most common symptoms and injuries that are caused from a surgical error are unintentional cuts and lacerations. Another common example of surgical errors is when the medical professional operates on the wrong arm or leg.
- Failure to prescribe medication: if the patient needed medication, yet the medical professional failed to prescribe this medication, the professional could be held responsible if they did not act in a reasonably safe manner.
- Delayed diagnosis: if the doctor diagnoses an injury or an illness too late, and the patient has now suffered even worse symptoms, the doctor could be held responsible. It is very important to notice and prescribe medication as soon as the patient’s symptoms start to show. This means that delaying the diagnosis could aggravate the patient’s injuries. One of the most common instances this legal claim has been common in is instances of cancer.
- Anesthesia: during surgery, anesthesia is administered to the patient. An error that may occur is providing high levels of anesthesia, which could cause organ failure or permanent brain injuries.
- Incorrect medication prescribed: if your doctor prescribes the wrong type of medication, that has nothing to do with your diagnosis, you may be able to hold your doctor responsible for the injuries you have suffered as a result of the wrong medicine.
Who are potential plaintiffs in a medical malpractice or medical negligence lawsuit?
A plaintiff is the party that is seeking damages from the health care or medical provider. The plaintiff has the burden of showing and proving that all the elements of the legal claim have been met. An experienced attorney will gather all the necessary evidence in your favor to make sure that you have met all the elements of your legal claim. The plaintiff must show that the medical malpractice or medical negligence occurred, whereas the defendant will have to defend themselves against these allegations.
Under a medical malpractice lawsuit, the plaintiff has the burden of the preponderance of evidence. This means that the plaintiff must have to show that the allegations are more likely true than false. This means that there must be more than a 50% chance that the allegations are true. If the jury believes that these allegations are true more than 50%, then the plaintiff will most likely win the lawsuit. If the plaintiff fails to prove more than 50% that the allegations are true, then they most likely will lose the case, and will not win any compensation in their favor.
Do I need a malpractice or medical negligence attorney?
If you have experienced any type of injury from a health care provider or medical provider, you most likely will need an accident attorney to help you with your lawsuit. In California, you could file a lawsuit against a negligent party to seek damages for the injuries you suffered. These injuries could include lost wages, along with medical bills and emotional distress. There are other types of damages that could vary depending on the circumstances of your case. For example, if you have suffered permanent injuries, you may be able to collect loss of income along with the other damages.
Contact Our Negligence Accident Attorneys Today
Our car accident attorneys have decades of experience representing victims who have been injured due to another party’s negligence. We know exactly how to get the compensation our clients deserve and recover money damages. Call us today to see how we can address any questions or concerns you may have with your specific case. In order to determine the value of your case, we recommend that you contact our attorneys as soon as possible. Our legal staff is on standby to help you.