It’s important and natural for you to trust your doctor and healthcare professionals. But if they fail to fulfill their medical standard of care, the consequences can be disastrous.
In fact, The National Library of Medicine revealed that medical errors account for as many as 251,000 deaths annually in the United States. Careless and ignorant professionals have injured many people and broken your trust, altering perceptions of medical professionals.
You can take legal action for medical malpractice or negligence if a physician, nurse, or medical practitioner has harmed you or someone you love. It’s conceivable to file a malpractice claim to recover the compensation you need for healing and moving forward.
Medical malpractice and medical negligence are two legal terms you may interchange by mistake. However, they have different meanings and consequences that determine what case you can file.
What is Medical Malpractice?
Medical malpractice occurs when a physician knowingly does something or fails to do something that results in harm to the patient. It occurs when a health worker knowingly endangers you or someone you care about through action or omission that violates the standards of care.
For example, if a medical team fails to sterilize equipment to save time before a surgery, then this could be considered medical malpractice, and they can be held liable for their error.
Another example could be if a doctor fails to take the time to understand a patient’s pain level and over prescribes medicine.
It is the intent that is central in medical malpractice.
What is Medical Negligence?
Medical negligence is a subcategory of medical malpractice. Medical negligence is not as severe as malpractice. Many situations are similar to medical malpractice, but the medical professional unknowingly do this in negligence.
In other words, the negligence is not necessarily intentional, but resulting in harm to someone you care about may still be the outcome.
Negligence can be a misdiagnosis or misread test results.
Or it can be more horrifying, like accidentally leaving surgical tools in the patient. No doctor would knowingly leave something inside, but a judge would consider the action a mistake and oversight that deserves justice.
Proving Negligence and Medical Malpractice
Whether negligence or medical malpractice, both can have the same devastating results. Unfortunately, this can include serious injury or death. Understanding the difference between medical malpractice and negligence difference isn’t simple.
An experienced lawyer will build your medical malpractice case, advocate for you in negotiation, stand by you if a trial is needed, and assure you receive the optimum financial award you deserve. Proving medical negligence requires the following, which requires specific research, resources, and knowledge about the legal process.
Calculating and Receiving Compensation for Damages
The ultimate reason for engaging in a negligence or malpractice suit is to recover from the injuries you or a loved one suffered. Some of these are monetary; others are not.
Each state has restrictions on what type of damage you can claim from Alabama to Georgia and Vermont. Many states limit the maximum amount of damages that you can recover.
Financial damages are quantifiable assets you lost or injuries you experienced in a medical professional’s hands. These include but are not limited to lost income, medical/hospital bills, rehabilitation, and physical therapy.
You or a loved one can also deal with non-economic damages that a judge must determine based on the specific case details. Emotional and mental trauma do not have intrinsic dollar amounts attached, so they are challenging to evaluate. Pain and suffering, the loss of a spouse, and depression/PTSD are a few to name.
Experienced Medical Malpractice Attorneys
Our medical malpractice lawyers want to make sure you are always protected. We understand that filing a medical malpractice or negligence lawsuit can be challenging.
It can be difficult when you are recovering from physical injuries, emotional trauma, or the death of a loved one. Insurance companies can tempt you to settle for less than what you deserve while you suffer unjustly.
If you or someone you care about has been the victim of medical malpractice, let our legal team support you. We have recovered over $850,000,000 in settlements and judgments and can fight on your behalf in court.
Our malpractice and negligence attorneys will help you get the full amount you deserve and gladly answer any of your questions. To start working with our empathetic personal injury attorneys and for us to review your negligence case, call our office at (334) 269-3230.