Just because you think that your doctor has not performed his duty doesn’t mean you have a medical malpractice case. The terms ‘medical malpractice’ and ‘medical negligence’ may seem similar, but talk to an experienced lawyer, and you will realize that things may not be the same in two cases. How your lawyer construes and represents your case can make a huge difference to the outcome, and in some cases, your attorney may ask to drop the charges, because the compensation may not be justified. In this post, we are reviewing more on malpractice vs negligence.
Understanding the terms
Doctors and healthcare providers can do this much for any given. Sometimes, despite the best efforts they cannot change an outcome, but what they owe to every patient is ‘duty of care’. This may seem like a confusing term, but basically means that the professional has done everything that another professional with the same level of expertise and knowledge would have done. A medical malpractice case is when the doctor has committed a breach in “duty of care”. In case of malpractice, it is almost seen as the doctor has an intent of committing that mistake. That’s not the case with negligence. In case of medical negligence, the doctor may have done something wrong, but not necessary being aware.
For instance, if a doctor didn’t ask a patient to get all tests done as required before a surgery, it would amount to malpractice because the doctor knew what he was doing. An act may refer to negligence, but may not be a case of malpractice, because there was no intent of harming the patient or acting in a certain way after knowing the consequences. A good example is when a nurse doesn’t take enough care for a wound that need extensive attention.
Seeking help from a lawyer
If you are not sure of the kind of case you should file, the best bet is to contact a personal injury attorney. Not all lawyers who take up personal law-related cases specialize in medical negligence or malpractice cases, so do your homework. The first appointment with the lawyer is critical, because you get to ask all relevant questions, and it is also when you can decide if you have a case in the first place.
Do not jump guns in cases related to malpractice and negligence, because if you don’t represent your case, things may go wrong and you may have a lawsuit against you for defamation.