Medical injury cases are tricky to recognise. Some cases are too serious, for which the legal process can be complicated too. To file a claim for your medical injury, you have to recognise the damage correctly first. Whether the case is medical malpractice or medical negligence decides the further proceedings. Understanding the difference between medical malpractice and medical negligence is essential for filing a claim of your injury. Otherwise, it can lead you to the wrong legal process.
Therefore, you should know the difference between medical malpractice and medical negligence. In this article, we will discuss the difference in detail. Also, you can take the help of a medical malpractice lawyer to recognise the injury correctly.
What Is Medical Malpractice?
According to legal guidelines, medical malpractice has a specific definition. When a medical professional such as a doctor, nurse, and pharmacist fails to treat the patient correctly following the rules and causes injury or death, it is called medical malpractice. In this case, the healthcare provider never had any goal of harming the patient. Accidentally, the professional takes an action that can cause injury or death. Medical malpractice can happen in different forms.
Some examples of medical malpractice are wrong procedure of treatment, surgery performed on the wrong body part, patient suicide, wrong medicine, any event that should not happen in any circumstances in medical treatment such as birth injuries, diagnosis failure, surgical errors, anaesthesia errors, practising without a license, etc.
What Is Medical Negligence?
Medical negligence refers to an act of carelessness. When a medical Institute or a medical professional such as a doctor, nurse, pharmacist fails to provide the correct treatment and care to the patient due to negligence, it is called medical negligence. Medical negligence is never intentional. It causes harm or injury to the patient due to the carelessness of the hospital or the medical professional. The doctor or the nurse, or any other healthcare provider makes a mistake in the good intention of treating the patient.
For an example of medical negligence, we can mention that a surgeon leaves a sponge inside the patient’s body accidentally or a doctor fails to recognise a disease properly.
Differences Between Medical Malpractice And Medical Negligence
The most important difference between medical malpractice and medical negligence is the intention. In case of medical negligence, the patient is harmed by the doctor or the nurse or the hospital by mistake, and there is no intention of harming the patient. On the other hand, medical malpractice is directly or indirectly intentional. When a medical professional doesn’t follow the standard rules of treatment and causes injury or death to the patient, it is considered medical malpractice. Considering these factors, you should decide that your damage is caused due to medical malpractice on medical negligence.
Before filing a case of personal injury, you must recognise it properly. You can consult a medical malpractice lawyer. He can help you to make the right decision and file the case correctly. Also, you have to know the details of the injury and the causes.