Although the majority of physicians would prefer you not to know this, medical errors rank as the third most prevalent cause of mortality in the United States.
We like to envision our doctor as an accomplished, well-trained expert who can be relied upon to carry out a complex task that is beyond our capabilities. Furthermore, medical professionals are typically exceptionally proficient in their fields.
However, errors do occur among physicians, and these errors can have catastrophic effects on the health and wellbeing of their patients.
Prior to consulting with an attorney, it is crucial to ascertain whether the matter at hand pertains to medical negligence or malpractice. Although the two terms are frequently applied interchangeably, distinguishing between negligence and malpractice can significantly alter the circumstances of your case.
The following information explains the distinction and its implications for your litigation alternatives.
Define medical malpractice
Medical malpractice is a situation in which a patient is injured as a result of a medical practitioner’s inadequate performance of their medical responsibilities, usually due to negligence or omission.
When treating a patient, a medical professional legally departs from the established standard of care. A reasonable, prudent medical professional would or would not have performed the procedure under identical conditions with the same information at hand; this is the standard of care.
The physician’s performance is evaluated against this as a benchmark. The doctor’s defense would be required to establish that under identical circumstances, another physician would have arrived at the same conclusion; therefore, the doctor’s conduct is consistent with the accepted standard of care.
Essentials for Filing a Claim
Proof of a medical malpractice claim requires the establishment of several fundamental facts.
You must initially establish that a doctor-patient relationship existed (by which I mean that you employed the physician and the physician consented to be employed). The simplest method to establish that the physician owed you a duty of care is in this manner.
You must also establish that the physician was negligent. Please note that this does not equate to the provision of medical care with which you were dissatisfied. It is your responsibility to demonstrate that the physician inflicted injury upon you in a manner that would have been unthinkable for a qualified practitioner in the identical situation.
While the physician’s treatment need not be flawless, it must be reasonably competent and cautious.
You must also demonstrate that your injury was a direct consequence of the physician’s negligence. This is the most complex aspect of the litigation, as patients who are already ill or injured are frequently involved in malpractice cases. There is uncertainty regarding whether the physician caused injury, notwithstanding their negligence.
In the event that a patient passes away subsequent to undergoing treatment for late-stage lung cancer and the physician is found to have acted negligently, establishing the doctor’s negligence as the sole cause of mortality rather than lung cancer can be a challenging task.
Therefore, the patient is required to establish that the injury sustained was more likely than not caused by the doctor’s negligence.
The patient is ultimately obligated to establish that the injury resulted in particular legal damages, including but not limited to physical suffering, mental anguish, or wage loss.
Frequent Varieties of Medical Malpractice
Cases that may result in medical malpractice litigation are numerous and diverse, given the innumerable ways in which a physician can exhibit negligence.
The following are examples of prevalent medical malpractice lawsuits:
Neglecting to diagnose
Unsuitable treatment
Neglecting to inform patients of potential hazards
An instance where a physician neglected to apprise a patient of the potential hazards associated with a specific surgical procedure would constitute a breach of their obligation to obtain informed consent. Put simply, if a patient who was informed of the potential risks would have chosen not to undergo a particular procedure, the physician could be held liable for any injuries sustained during that procedure.
To define medical negligence
Medical negligence and medical malfeasance are occasionally applied interchangeably; however, they represent distinct conceptual frameworks that entail distinct legal ramifications. Before we proceed to examine the ways in which and reasons why they differ, it is necessary to define negligence and distinguish it from something else.
Medical negligence occurs when a reasonably prudent medical professional would have exercised the same degree of care in the given circumstances. They administer care to their patients in a manner inconsistent with the established medical and legal norms.
Essentials for Filing a Claim
As medical negligence, similar to malpractice, is classified as a subset of tort law, a number of the fundamental criteria for forming a claim remain unchanged. Tort law, for those who are lacking in legal jargon, is a branch of civil law that seeks to rectify wrongs committed against individuals and offer solace from the detrimental actions of others.
Maintaining proof of the existence of a doctor-patient relationship is necessary in order to establish a duty of care. You remain obligated to establish that the doctor’s negligence was the cause of your injury. Additionally, you must demonstrate that the injury caused particular legal damages.
To be explicit, negligence in and of itself does not constitute sufficient proof to support a claim. An adverse effect must be produced on the patient.
Frequent Forms of Medical Negligence
Distinguishing between negligence and malpractice solely based on the nature of the case presents a challenge, as numerous cases that meet the criteria for medical negligence could potentially also be classified as medical malpractice lawsuits.
An instance where medical negligence may be alleged is when there is an improper diagnosis, treatment, or failure to inform patients of known risks associated with a particular medication or procedure.
A mere examination of the case type is insufficient to discern whether an incident involves negligence or malpractice. That is dependent on the particulars of the case.
For instance, should you enter this legal practice and inform them of improper treatment litigation, they would be unable to immediately determine whether the claim pertains to negligence or malfeasance.
Negligence versus Malpractice: Subtle Distinction
In light of this, let’s discuss the distinction between medical negligence and malpractice and how they differ.
The apparent semantic nature of this situation causes confusion among a great number of individuals. However, subtle implications alter the character of your case.
Typically, malpractice involves negligence
Several times during our discussion on how to establish a malpractice claim, we made reference to proving negligence. If you have been paying attention, you will recall these instances. This is because malpractice is invariably accompanied by negligence, and vice versa does not hold true.
In other words, while negligence is a prerequisite for establishing a medical malpractice claim, not all instances of negligence necessarily constitute medical malpractice.
Because patient injury is not invariably the consequence of medical negligence, this factor is also crucial in establishing a case for medical malpractice.
Concerning Intent
The distinction between negligence and malpractice frequently hinges on the element of intent.
By referencing the actor’s mental state, tort law distinguishes between intentional and negligent torts, thereby elucidating the distinction between malpractice and negligence. A negligent party is held liable in tort law for injury caused by their negligence. Despite not intending to inflict damage, they somehow managed to do so.
Consequently, they continue to bear legal liability for the repercussions that ensue from their negligence.
Conversely, intentional torts occur when an individual engages in conduct with the explicit purpose of inflicting damage. Nonetheless, this can become challenging to manage in medical litigation. To illustrate how this operates, consider two instances.
In Action, Negligence vs. Malpractice
Suppose a woman presents to the emergency room with an assortment of worrisome symptoms. Nonetheless, after enduring a twenty-four-hour delay to be examined by a physician, she succumbs to fatal convulsions and collapses to the floor.
This situation could have been averted without the requirement of medical expertise by promptly arranging an appointment for the woman with a physician. The medical personnel demonstrated negligence towards her through their rejection or neglect.
Consider a scenario in which a woman requires an operation to halt bleeding from the brain by drilling a hole in her cranium. Moments after performing a CAT scan, the surgeon commences the operation by inadvertently creating a cavity in the incorrect side of the patient’s skull.
Although the woman manages to recover, the physician’s error resulted in severe complications that might have been averted with a simple incision on the appropriate aspect of the woman’s cranium.
The initial instance pertains to medical negligence, whereas the subsequent instance constitutes medical malfeasance.
In the initial instance, healthcare practitioners neglected to administer reasonable care when it would have been within the capability of any reasonable individual to do so. The second instance pertains to the concept of professional negligence. They committed an error that ought not to have transpired, resulting in consequences that were unwarranted and irreparable.
Assuming Authority Over Your Medical Case
Medical malpractice and negligence differ in ways that transcend legal semantics. It modifies what physicians are liable for and are not, and it can even alter whether you have sufficient grounds to sue a physician.
Regardless of the situation, it is critical to bear in mind that one possesses alternatives and has the capacity to recuperate from the damage inflicted.