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A Medical Malpractice Attorney on Malpractice vs Negligence November 9, 2018

Westchester Village, Bronx
A Medical Malpractice Attorney on Malpractice vs Negligence, Bronx, New York

If you’ve experienced a personal injury due to the improper actions of medical professionals, one of the first decisions your medical malpractice attorney will have to make is whether to treat the case as one of negligence or malpractice. While the two acts are similar and can both have harmful outcomes, the legal definitions involved are different and the standards for proving each type of case are as well. The main difference between medical malpractice and medical neglect is the question of intent.

Medical Malpractice Requires Intent

Medical Malpractice AttorneyTo prove malpractice, your personal injury attorney will have to demonstrate that your medical provider made a decision which was inconsistent with the standard of care in your case, knowing the risk to you. For example, a doctor who foregoes testing which would normally be called for by your symptoms is taking a risk with your health due to his deliberate choice. If you later learn that the foregone test could have led to a faster diagnosis, better treatment, and less injury or suffering on your part, you have a medical malpractice claim.

Medical Negligence Does Not

On the other hand, your medical malpractice attorney will file a claim of negligence if the actions which injured you were accidental. For example, a surgical implement left in an incision is not the result of an intentional act, but simply an oversight. However, it is still inconsistent with the expected standard of care, can still cause injury, and still entitles you to compensation for your damages.


If you believe you have a claim of medical malpractice or negligence, talk to the medical malpractice attorneys of Pena & Kahn, PLLC in the Bronx, NY. As experienced personal injury, medical malpractice, and spinal cord injury attorneys, they will help you strategize about the best way to present your case and will help you file a quick, accurate suit which is set up for success. To draw on their 30 years of experience, call (718) 585-6551 or reach out online.