Mistakes are an unavoidable part of life. Regardless of how careful we tend to be as humans, we are prone to errors on a few occasions. As much as this is an acceptable reason, the tolerance for mistakes and errors in a field like medicine is usually non-negligible. It is because such mistakes can lead to serious harm.
As a victim of medical malpractice, you’d need a medical practitioner lawyer to help you with your case. If you’re looking for one, why not look here? In addition, you should know what medical negligence and malpractice mean to recognize which you need to pursue before hiring an attorney.
Medical Negligence And Medical Malpractice
Medical negligence is when a medical care provider or professional doesn’t administer the right healthcare a patient needs and, as a result, causes harm to them. Some of the ways medical negligence can occur include performing unnecessary surgery on a patient, not recognizing or understanding symptoms of a disease in which the patient may have, and making errors during surgery.
Another common area in which negligence occurs is in the area of medication prescription. For instance, a doctor can prescribe a medication to a patient without noting its possible side effects that could either worsen the condition of a patient or cause their death.
Medical malpractice, on the other hand, occurs when medical professionals and caregivers such as nurses, doctors, or pharmacists don’t administer quality service to a patient, leading to their injury or death.
A significant area of medical malpractice occurs in surgery. If a surgical team cuts corners during surgery and boycotts essential procedures such as sterilizing surgical instruments properly, it could be considered as medical malpractice.
Other examples of medical malpractice include performing the wrong procedure on a patient, making or assisting the patient in committing suicide, performing surgery on the wrong body part, overprescribing medication, or any practice within the medical premises that shouldn’t have taken place.
Differences Between Them
What primarily differentiates medical negligence from malpractice is the intention behind the action. A medical professional who commits medical negligence could have done so accidentally or due to a misjudgment of facts. They don’t originally intend to cause the patient harm. Though their error harms the patient, it’s usually unintended.
On the flip side, medical malpractice happens when a medical caregiver consciously doesn’t follow the proper medical procedures and administer the most qualitative care to the patient. This doesn’t mean the medical professional had a goal of causing harm to the patient; however, their action causes damage that could have been avoided if some other possible measures had been taken.
Which Should You Pursue?
Any patient who’s a victim of medical negligence and malpractice can take legal actions against the medical professional involved to get the justice they deserve. A patient’s circumstance doesn’t need to be fatal for it to qualify as a case of negligence or malpractice. However, there’s usually a fine distinction between these two actions which makes taking legal decisions tricky.
Before deciding to file a lawsuit, as a patient, you should understand the differences between these two actions as this will determine the kind of claim applicable for you. Without proper understanding, you may easily mix things up and eventually file wrong and unjustifiable claims.
Considering what constitutes both cases, it’s safe to say that it’s better to pursue a medical malpractice case than a medical negligence case. The first consideration you must make is the intent behind both actions. Medical negligence is usually unintentional, and this could give the professional involved some level of justification when facing legal actions. Professionals who can vindicate their actions medically based on their intention behind it may eventually be acquitted of whatever case is being brought up against them.
Additionally, medical malpractice is more worthy of pursuit not just because of the nature of the intent behind it, but also because of existing laws that could give the case better backup and rewards. In a state like California, it’s possible to win millions of dollars from medical malpractice lawsuits.
Furthermore, medical malpractice cases can be a fruitful pursuit because most legal practitioners are more willing to take up such cases. Once they have researched and confirmed that it’s a viable malpractice case, they’re usually more willing to give the best of their abilities to let the patient obtain justice. Nonetheless, if you’re a victim of medical malpractice and desire to take legal actions, you should seek the counsel of an experienced attorney.
Conclusion
Medical negligence and malpractice are two erroneous practices that can happen in the medical field. These acts can be carried out by medical professionals deliberately or accidentally. Whichever way it’s done, both practices can result in debilitating consequences. Understanding how they work could help your case significantly.
