When people discuss medical negligence vs malpractice, they are talking about similar concepts. Both terms refer to cases where a healthcare provider’s actions or inaction caused harm by not meeting the medical standard of care. In medical negligence cases, patients must show that a provider’s conduct fell short of what other professionals in the same field would have done in similar circumstances.
Medical Negligence vs. Medical Malpractice: The Standard of Care
To prove negligence in most personal injury cases, you must show that the party that injured you did so because they failed to act as a reasonably prudent person would. For example, in a car accident case, this might mean proving that a careful driver would have stopped at a red light while the person who hit you did not. In other words, this negligence standard focuses on common-sense behavior anyone might recognize.
This standard would not work in medical malpractice cases, though, as we would not go to just any random person for surgery or to get a prescription. Rather, the standard shifts to what another healthcare provider in the same specialty would have done in similar circumstances. This is not about what an average person might consider reasonable – it is about professional norms within the medical field. For example, if a surgeon makes an error, the question becomes whether another surgeon with similar training and experience might have made the same unintentional mistake.
In some cases, the situation itself suggests negligence without needing an expert’s opinion. This is where the concept of res ipsa loquitur (“the thing speaks for itself”) applies. For example, if a doctor leaves a surgical tool inside a patient, there is no need to show how another healthcare provider would have acted. The mistake speaks for itself, showing obvious malpractice without any further explanation.
Medical Malpractice vs. Medical Negligence: What You Must Prove
In a medical malpractice case, the requirements for proof focus on the unique responsibilities of healthcare providers. First, you must show that the healthcare provider had a responsibility to care for you as their patient. This means proving that a doctor-patient relationship existed and that your healthcare provider had an obligation to deliver a certain standard of medical care.
Next, you must demonstrate that your medical provider failed to meet the applicable standard of care, which is what another healthcare provider in the same specialty would have done under similar circumstances. This comparison is critical, as it accounts for the specialized skills and knowledge we expect from those in the medical field.
You must also show that the provider’s failure directly caused you harm. In other words, if the provider’s actions or inaction led to an injury or worsened your condition, you must clearly demonstrate this link.
Finally, you must establish that this harm resulted in measurable harm or losses, such as additional medical bills or ongoing physical pain, for the patient.
Contact an Experienced Medical Malpractice Lawyer for Help with Your Case
If you know or suspect you have been the victim of medical negligence, contact the medical malpractice attorneys at Salvi, Schostok & Pritchard P.C. for a free initial consultation. Our team has recovered more than $2.5 billion for deserving clients like you, and we are here to help you explore your options and pursue the recovery you need.
