The notion of medical negligence and medical malpractice may not mean much of a difference to a victim, but to the attorney of the victim, it should mean a whole lot. For a successful malpractice case, the attorney must clearly understand the difference between the two. If the difference between the two legal theories is not understood by the lawyer and the many elements involved with malpractice cases, the amount the plaintiff could receive may be reduced, and they might even lose their case.
At Percy Martinez Orlando malpractice lawyers, we investigate every detail about the incident with a thorough investigation to ensure that the claim is properly established before proceeding. Knowing and comprehending the difference between a medical negligence and a medical malpractice is key to understand exactly what the victim went through. Different compensation amounts can be awarded for these two legal terms. The victim has to play a role in their own knowledge about the medical theories; they must also be knowledgeable.
Negligence Vs. Malpractice
So, what is the difference between medical negligence and medical malpractice? These two legal terms are sometimes used interchangeably but do not signify the same thing. A fact that needs to be understood by victims about a bad outcome during a procedure is that not every bad result that the individual endures will amount to the level of being a medical malpractice. Sometimes, a situation is unavoidable no matter how much a medical professional tried to avoid the incident. However, medical professionals have a certain duty of care to their patients.
When that duty of care has been breached, malpractice has just occurred. The disaparities amid negligence and malpractice is the level of “intent”. Medical malpractice has some level of intent, whereas, medical negligence does not. The health care provider knew he should have performed a certain action, but failed to do so like ordering the appropriate test. Unlike medical negligence, where a medical professional performs a “mistake” during their job like leaving a surgical sponge inside a wound.
Only a qualified malpractice lawyer will be able to tell the difference between the two by doing the necessary investigations and obtaining documentation. It is vital that the plaintiff makes sure that the lawyer they are going to choose is aware of the difference and knows how to use the necessary information to tell them apart.
Suffered a Medical Negligence or Medical Malpractice?
The best thing that a victim of a medical error can do is seek the help and guidance of a personal injury lawyer. They can provide their clients with the information they need and what results that can come from their case, depending on whether it is a case of malpractice or negligence. Typically, more compensation would be awarded through an act of “intent”, than a “mistake”. Either way, the firm wants to acquire the max amount possible for their clients.
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Related Medical Malpractice Topics
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