Medical Malpractice vs. Medical Negligence: An Overview
by
Joseph C. Maya on Jun. 05, 2017
Accident & Injury Accident & Injury Medical Malpractice Accident & Injury Personal Injury
Summary: Blog post about the differing characteristics between a medical malpratice case and a medical negligence case
Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries or those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.
Medical malpractice and medical negligence are terms that are often used interchangeably, but they refer to two distinct legal concepts. Medical malpractice is a type of personal injury case in which a doctor or other medical professional is held liable for damages caused a patient. In these cases, the cause of the injury is often attributed to medical negligence.
While almost every medical malpractice case is rooted in some form of medical negligence, negligence on it’s own is insufficient to warrant bringing a medical malpractice claim.
To better explain this concept, we can use a more familiar type of injury case; a car accident. A car accident can be caused by a negligent driver running a stop sign. In this case, the negligent driver is liable for all damages caused by his/her negligent driving. If that same driver runs a stop sign the following month, but doesn’t cause a car accident, there is no case. You can’t file a claim against someone unless their negligence caused you injury. While that driver may be punished in criminal court, and receive a traffic citation, civil court deals only in compensation for injury.
Similarly, if your doctor treats you in a negligent way, but that negligence doesn’t lead to any injury or damages, then there can be no medical malpractice claim.
That being said, in common language the two terms are often used interchangeably to describe a case of patient injury to medical error. In the court room though, the difference lies in the presence or absence of significant patient damages.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Source: MedicalMalpractice
