In many personal injury claims, a plaintiff suffers injuries due to another party’s negligence. Although medical malpractice represents a type of personal injury claim, does medical malpractice differ from negligence? Medical malpractice involves a form of negligence related to professional standards of conduct applicable to healthcare providers, including the obligation to render treatment that complies with the applicable standard of care in the patient’s case.
Understanding Negligence
Negligence refers to a situation where a party breaches a duty of care they owe to another party and causes that party injury. A party’s duty of care usually refers to the actions that a reasonable person would take to avoid injuring others. Negligence underpins many personal injury claims, including medical malpractice, motor vehicle accidents, and premises liability accidents. For example, a negligent driver may bear liability for a motor vehicle accident by driving too fast for conditions. A negligent property owner can cause a visitor to suffer injuries when the owner negligently maintains their property.
Understanding Medical Malpractice
Medical malpractice typically refers to negligence that occurs in the healthcare field. A medical professional may commit malpractice when they fail to provide care to a patient that complies with the applicable standard of care. Although the specifics of the standard of care differ from patient case to patient case, providers generally consider the standard of care as the treatment decisions/actions that other providers of similar training and experience would undertake in identical or similar circumstances.
When Does Medical Malpractice Differ from Negligence?
In many cases, medical malpractice involves a higher standard than other negligence claims because healthcare providers receive specialized education and training to deliver medical or life-saving care. In addition, medical malpractice may involve a broader range of errors and omissions than ordinary negligence. For example, medical malpractice cases may arise from a lack of informed consent, in which a healthcare provider fails to appropriately advise a patient of the risks and alternatives for a proposed treatment before securing the patient’s consent to the procedure. Furthermore, medical malpractice differs from negligence since negligence may arise from an avoidable accident, whereas medical malpractice occurs due to a healthcare provider’s failure to act according to professional standards.
How Does the Difference Affect Legal Claims?
The differences between ordinary negligence and medical malpractice can also affect the complexity of medical malpractice claims. For example, medical malpractice cases typically require expert testimony for a plaintiff to support their claim. A medical expert in a malpractice claim must testify about the specifics of the applicable standard of care in the patient’s case, how the defendant failed to comply with the standard of care, and how the defendant’s actions or omissions caused the plaintiff’s injuries.
Contact a Medical Malpractice Attorney Today
When you’ve suffered harm due to a healthcare provider’s malpractice or negligence, get the legal representation you need to understand your rights and pursue financial recovery for your harm and loss. Contact McCormick & Vilushis LLC today for a free, no-obligation consultation to discuss how our experienced legal team will fight to hold negligent medical providers accountable and secure the financial resources you need to recover.