When we are hurt or need any kind of medical help, we usually expect it to fix and contribute to our health, right? However, mistakes by doctors often happen, which can be life-threatening and even fatal. What’s the difference between negligence and malpractice?
If you happen to be injured in any way during the provision of medical services, you will surely at some point ask yourself what are your further options? Is there anything you can do in your favor about it?
The first thing you might ask yourself after you find out that there has been damage to your life is whether you have been exposed to medical negligence or medical malpractice? In order to determine this, you need to know the exact difference between these two things.
In the following text, we will explain the differences between these two topics.
What is negligence?
Negligence and negligent injury is the definition and determination of whether you were injured during the process of providing medical assistance due to the negligence of one person. Or the entire medical staff. The ultimate goal of that provision is to determine whether a person is to blame for the consequences of that injury. Of course, in order to prove that you were injured due to negligence, you must provide evidence to prove it. The evidence you must provide in this case is called duty, causation and damages.
What exactly is medical negligence?
Medical negligence includes a couple of elements for which you can file charges against doctors and paramedics. If you have been harmed, the person against whom you are filing a charge must be a medical professional. Or an institution where that professional works. The term “medical expert” includes doctors, nurses and, in general, the hospital where you are being treated.
In order to establish negligence when providing medical assistance, the lawyer will list the procedures. And mistakes that were violated and that caused you harm. And they will present evidence for all of the above.
What exactly is medical malpractice?
In fact, the difference between a claim for medical negligence and a claim for medical malpractice lies in proving whether the errors or the actions of the medical professional were intentionally reckless. Therefore, medical malpractice is a greater and more serious charge than medical negligence.
How to start a medical malpractice claim? Check out HERE.
Can a medical incident be both malpractice and negligence?
It often happens that in the lawsuit process there are some unclear things that determine whether it is actually the first. Or the second item that we have listed.
If there is a mistake and a problem that affects your health. The lawyer usually takes into account the following factors:
- What exactly happened when the treatment error occurred?
- Was the medical professional aware of the possible risk and consequences at that moment?
- Were measures taken to prevent errors or were these measures ignored?
- Did the medical professional do his best to protect your health and prevent mistakes?
You need a lawyer!
Most people receive a few medical treatments in their lifetime that they are not satisfied with, however, most of these dissatisfactions are not grounds for filing charges against a medical professional.
This is why you need evidence for malpractice and medical negligence. Such evidence will play the most important role in the case of a lawsuit if it occurs and if you have substantiated evidence. In order to understand everything correctly and in order to take the right steps and distinguish whether you have been harmed, consult with a lawyer who will explain the whole process in detail. And which will help you, if you have been injured, to get the justice you deserve.
Contact us!
Rules and regulations vary from state to state. For this reason, ask for advice and all other information from a lawyer who will greatly ease your legal burden. Nedim Ramic and Bajric & Ramic team of attorneys are here for you. And you should not hesitate to call us today for a free consultation. The time is of the esence. If you find these information above useful, but you have more questions regarding the subject. Or you just need legal help straight forward, give us a call. On 314 352 6800 and get free consultations today!
