Medical Malpractice vs. Medical Negligence: Key Differences Explained
While medical malpractice and medical negligence can often be confused for the other, they hold distinct meanings in the world of healthcare and law. While both involve harm caused by a medical provider, the difference lies in the intent, standard of care, and legal implications surrounding the harm.
With over 40 years of combined experience, our team at Hodges & Foty, LLP has built a reputation for providing dedicated legal representation. Our attorneys, who have been recognized with numerous awards, are board-certified in Personal Injury Trial Law by the Texas Board of Legal Specialization, a distinction held by less than 1% of attorneys in Texas. We take pride in helping clients navigate complex legal matters with clarity and confidence. Contact us today at (713) 523-0001 or through our contact form for a free consultation.
What is Medical Malpractice?
In order to discuss medical malpractice, it is essential to first understand the duty of care your medical provider is required to uphold. This duty of care stipulates that medical professionals must provide treatment that is an acceptable standard of care in the medical community.
Using this understanding of duty of care and intent, for a situation to be considered medical malpractice, the following must occur:
- The medical provider failed to meet their duty of care in providing an acceptable standard of care
- The failure to meet their duty of care caused harm or injury to the patient
- The patient suffered damages as a result of their injury
Take an orthopedic surgeon, for example. When performing a total knee replacement on a patient’s right knee, the surgeon fails to perform a pre-operative time-out to verify the correct surgical site and instead performs the surgery on the left knee. The surgeon should have verified which knee the surgery was to be performed on, and, since they did not, the patient was harmed. This would be a medical malpractice case, as the orthopedic surgeon failed to meet their duty of care.
If you have been injured because a medical professional acted with intent and failed to provide an acceptable standard of care while treating you, it is vital you contact a board-certified personal injury lawyer to discuss your circumstances and get started on your personal injury case as soon as possible.
What Constitutes Medical Negligence?
Compared to medical malpractice, medical negligence does not require the provider to act with intent. Medical negligence is typically a mistake, oversight, or omission that causes harm to the patient. In medical negligence cases, the medical provider failed to meet their duty of care and subsequently caused your injury rather than acting with intent to cause harm.
Some common examples of medical negligence include:
- Using the wrong amount or type of anesthesia during surgery
- Missing a cancer diagnosis
- Misdiagnosing a blood clot or heart issue
- Prescribing the wrong medication or incorrect dosage
- Injuries sustained during birth
In these cases, the medical provider did not intentionally avoid their duties but made a mistake that unintentionally caused injury to their patient.
If you are unsure whether your injuries occurred because of medical malpractice or medical negligence, an experienced board-certified personal injury lawyer can help you understand the nuances of your case and ensure you are getting the fair compensation you deserve.
Discover How Hodges & Foty, LLP Can Help With Your Medical Malpractice or Medical Negligence Case
At Hodges & Foty, LLP, we understand the complexities surrounding medical malpractice and medical negligence cases. With over 40 years of combined experience, we have a proven history of helping clients hold medical providers accountable for harm caused by their actions or mistakes. Our board-certified attorneys in Personal Injury Trial Law by the Texas Board of Legal Specialization are uniquely prepared to help you navigate the legal process.
Whether you are dealing with harm from negligence or malpractice, we are dedicated to providing clear guidance and personalized attention for your case. Contact us today at (713) 523-0001, or use our contact form to schedule your free consultation and take the first step toward resolving your claim.
