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The Difference Between Medical Malpractice vs. Negligence

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The Difference Between Medical Malpractice vs. Negligence

Doctors and healthcare providers are held to high standards. After all, mistakes or errors in their treatment can result in serious injuries or the death of a patient. Unfortunately, medical mistakes happen all the time, and victims can be left suffering the consequences.

Not every act of negligence in healthcare qualifies as medical malpractice. Malpractice refers to a particular kind of negligence — one that occurs within a professional medical setting. It happens when a doctor or other provider fails to meet the accepted standard of care, and that failure causes harm. 

Keep reading below to learn more about the difference between medical malpractice and negligence.

What Is the Medical Duty of Care?

Doctors and other medical providers owe a certain duty of care to their patients. This duty requires them to adhere to accepted medical practices, although the specific duty owed to the patient may vary based on the situation.

For instance, the standard of care owed to a patient who has the symptoms of a broken leg may require that the doctor order an X-ray. That duty would be different from the care owed to a patient who is presenting symptoms of cancer. In most situations, expert testimony will be required to establish the specific duty of care owed under the circumstances.

How Does Medical Malpractice Differ from Negligence?

The main difference between medical malpractice and negligence is the doctor’s intent or the level of severity of the error. While all malpractice cases involve negligence, the reverse isn’t always true. The key difference comes down to how serious the provider’s mistake was and whether it breached the professional norms expected in the medical field.

However, medical malpractice is more than mere negligence. Malpractice constitutes conduct that goes above and beyond simple carelessness. This may include situations in which the doctor knew or should have known that a serious injury was likely to result, yet they continued with that course of action anyway. 

Some examples of medical malpractice may include:

  • Administering too much or too little anesthesia during a procedure
  • Using medical equipment incorrectly
  • Failure to obtain informed consent prior to performing a procedure or administering treatment
  • Cutting corners during a procedure
  • Determining a patient’s care based only on the insurance company’s recommendation

Both medical malpractice and negligence require proving a breach of the duty of care, causation, and damages. Malpractice claims typically involve a more serious deviation from the accepted standard than negligence.

Damages Available in Medical Malpractice Claims

Victims of medical malpractice or negligence are entitled to recover both economic and non-economic damages. This means that they can recover compensation for their financial losses as well as their physical and emotional trauma.

Types of recoverable losses include:

  • Current and future medical bills
  • Current and future lost wages
  • Lost benefits
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of consortium
  • Out-of-pocket expenses

If you have been harmed by your medical provider, you deserve to be fully compensated for all your injuries. However, determining the value of your damages can sometimes be complicated.  You might even need the help of an experienced personal injury lawyer. Additionally, the doctor may face professional penalties, such as a suspension or loss of their medical license.

How Long Do I Have to File a Medical Malpractice Lawsuit in Missouri?

Keep in mind that medical malpractice lawsuits in Missouri must typically be brought within two years from the date of the alleged malpractice. The rules surrounding medical malpractice claims can get complicated. This is why it is usually best to consult with an experienced lawyer for help with your claim.

Contact our St. Louis Personal Injury Lawyers from Eason Car Accident and Personal Injury Lawyers for Help Today

For more information, please contact Eason Car Accident and Personal Injury Lawyers to schedule a free consultation with a personal injury lawyer in St. Louis, MO, today. We have two convenient locations in Missouri, including St. Louis and Richmond Heights.

We proudly serve St. Louis County and its surrounding areas.

Eason Car Accident and Personal Injury Lawyers – St. Louis Office
10 S Broadway #560
St. Louis, MO 63102
(314) 932-1066

Eason Car Accident and Personal Injury Lawyers – Richmond Heights Office
1034 S Brentwood Blvd Penthouse 1-C
Richmond Heights, MO 63117

(314) 463-4173

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