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Distinctions Between Medical Negligence And Malpractice


You may hear the terms medical negligence and medical malpractice used interchangeably, but there are distinctions between these legal concepts. Having a full understanding of similarities and differences is important if you are considering moving forward with a malpractice claim. To have your situation addressed by a professional, talk to Baltimore personal injury lawyer. A seasoned attorney can assess your claim, empower you to recognize your rights, and guide you on the path of seeking justice appropriately.

Exploring Negligence and Malpractice Differences

One of the primary distinctions between medical negligence and medical malpractice lies in the severity of the consequences. While negligence encompasses a broader spectrum of errors, malpractice specifically pertains to instances where negligence directly causes harm significant enough to pursue legal recourse.

  • Medical negligence. When you hear the term medical negligence, it means there was a healthcare provider that failed to meet the accepted standard of care, resulting in harm to the patient. It encompasses a wide range of actions or inactions that deviate from the expected level of competency. For instance, if a surgeon operates on the wrong body part due to a miscommunication or oversight, it constitutes medical negligence. Other examples include misdiagnosis, medication errors, and insufficient follow-up care.
  • Medical malpractice. On the other hand, medical malpractice involves negligence that leads to injury or death and gives rise to a legal claim. While all medical malpractice cases involve negligence, not all instances of negligence qualify as malpractice. To constitute medical malpractice, the negligence must result in harm significant enough to warrant legal action. For instance, if a misdiagnosis leads to delayed treatment and worsened condition, it may be considered medical malpractice.

As you can see, while medical negligence and medical malpractice share similarities, they represent distinct legal concepts. These differences have significant implications for individuals seeking recourse for harm caused by healthcare providers.

Steps to a Strong Malpractice Claim

There are several criteria to review when fortifying a malpractice claim. Firstly, the plaintiff must demonstrate that a doctor-patient relationship existed, establishing a duty of care owed to the patient. Secondly, it must be proven that the healthcare provider breached this duty by failing to adhere to the standard of care expected in similar circumstances. Thirdly, there must be a direct link between the provider’s negligence and the harm suffered.

To connect with a comprehensive understanding of state laws and legal procedures surrounding healthcare, have a conversation with a Baltimore personal injury lawyer who has experience with medical negligence and malpractice. A lawyer can assess the merits of your case, gather crucial evidence, consult with medical experts, and push for a full and fair compensation for your injuries and losses.

Do you want a lawyer to look over your medical documentation to determine if your case is one of negligence or malpractice? Don’t hesitate to reach out, the qualified attorneys at Iamele & Iamele, LLP are available to help. Pursuing a Maryland malpractice claim is part of protecting your rights. Contact us today to schedule a fee-free consultation.

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