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Difference between Medical Malpractice and Medical Negligence |
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Often people use the phrases medical malpractice and medical negligence interchangeably. However, they are two different legal concepts. |
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| Author: Sara Goldstein |
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Medical negligence is when a physician, nurse, or other healthcare provider does not perform their job responsibly according to set medical standards and guidelines. For example if a doctor fails to treat a patient appropriately, then that doctor is not performing their duty and is negligent. However, negligence does not mean it was a case of medical malpractice.
Medical Malpractice
Medical malpractice is when a doctor, nurse or other medical professional is negligent or careless in respect to their duties and the patient suffers injuries, complications or even death. Many malpractice cases are attributed to medical negligence. The individual or institution can be sued for damages that the patient and their family lost because of their negligence, like medical expenses and lost wages as well as pain and suffering. However, you must prove that the healthcare provider was responsible for your injury because they failed to do their job correctly and did not follow the accepted standard of medical care.
There are four areas that need to be covered for your claim to be considered a medical malpractice. You must prove:
• The medical provider was responsible for treating you and had a duty to give you the best possible care.
• The medical provider failed to practice a high standard of medical care.
• Because of the medical provider’s negligence, you were harmed or injured.
• Had the medical provider not been careless, you never would have suffered pain or injury.
If you reside in Ocean County and have been a victim of malpractice or medical negligence, please visit the website of Weiss & Paarz P.C. to schedule an appointment with an experienced medical malpractice lawyer.
About Author
New Jersey Medical Malpractice Lawyers at Weiss & Paarz, P.C. believe that in order to maintain the expertise needed to be consistently successful, we must focus 100% of our professional time on handling medical malpractice cases only.
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