Westchester Village, New York
1250 Waters Pl, Ste 901
Bronx, NY 10461
(718) 585-6551

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.

Other Announcements, Events and Deals from Pena & Kahn, PLLC
4 FAQ on Spinal Cord Injuries, Bronx, New York
The spinal cord receives signals from the brain, allowing movement and dexterity throughout the body. Injuries to the spine can be challenging and debilitating. The guide below will ...read more
3 Reasons to File a Claim After a Car Accident, Bronx, New York
Getting into a car accident, no matter how minor, is a stressful experience. In addition to assessing the damage done, you need to decide quickly whether or not to file an insur...read more
When Can a Landlord Be Sued for Negligence?, Bronx, New York
When you rent a house or an apartment, you have a right to expect that the premises are safe to live in. Unfortunately, many landlords fail to live up to their responsibility to ensu...read more
5 Most Common Types of Personal Injury Claims, Bronx, New York
When people think of personal injury claims, they usually think of a few exceptional or infamous cases.  Many don’t realize that negligence and personal injury cl...read more
When Should You Hire a Construction Accident Attorney?, Bronx, New York
Construction sites are notoriously dangerous. If you were hurt on a work site, you may be wondering whether to seek legal counsel. Though not a requirement by law, promptly cons...read more