Both medical malpractice and medical negligence deal with issues stemming from a health care provider who has violated care standards and breached their duty to treat patients responsibly. These situations can lead to substantial injuries or complex illnesses that limit the health and livelihoods of victims. However, malpractice and negligence are not identical, and understanding some of their subtle differences will help you design a legal defense that gets you the needed compensation.

Medical Malpractice

The main distinguishing factor between malpractice and negligence is intent. Malpractice has an intentional component to it. Providers don't necessarily set out to harm a patient, but they may be aware that something they're doing—or not doing—will result in injury or complications and then proceed with it anyway.

From a legal perspective, this can satisfy the intent element of a medical malpractice claim. Malpractice injuries are rarely accidents, as they involve a conscious choice to provide substandard care. Examples include performing unnecessary surgery, knowingly prescribing medication in spite of a patient’s allergy or an adverse reaction with existing medications, and failing to follow up and provide critical aftercare.

Medical Negligence

Negligence cases are missing the element of intent, but they’re no less damaging to the victim. These situations rise to the level of mistakes because the provider is unaware that they’re doing the patient harm.

Negligence is typically a failure to act or a failure to recognize the consequences of certain harmful actions. Examples of medical negligence include a misdiagnosis, misreading laboratory tests, mistakenly performing surgery on the wrong body part, and puncturing another organ during the course of surgery.

When to Hire a Lawyer

If you've been the victim of either medical malpractice or negligence, speak to an attorney as soon as possible. Not every case will meet the benchmarks for a lawsuit, but in general, if the duty of care was violated, you have a strong legal claim.

The duty of care encompasses what a provider in the same position and with the same knowledge would have done in the same situation. A lawyer will use medical records, testimony from witnesses and experts, and other crucial evidence to build your case.

If you've suffered an injury because of medical malpractice or negligence, contact Goddard & Hammontree, LLC. Serving the Whitfield County, GA, area, they offer representation in personal and work injuries, Social Security disability claims, and adoptions. Start getting the compensation you need and deserve. Call (706) 278-0464 or visit them online to schedule a free, no-obligation consultation.