Was it negligence or malpractice?

medical malpractice lawyerIf you work in the healthcare field or even a car dealership Langely it can be very important to understand the difference between medical negligence and medical malpractice. The rule is if you are a licensed healthcare professional you could be accused of either or both. The tendency is for complainants to claim malpractice, but it may have been negligence. According to a chicago medical malpractice lawyer, malpractice could see you lose your license, while negligence is typically required to have disciplinary punishments only.


What is medical negligence

Medical negligence is defined by the lack of due procedure in an instance where common sense and common training makes one aware of its necessity. For example, if a doctor is rushed and forgets to properly sterilize their instruments resulting in an infection – this would be most often termed as medical negligence. The same would hold true if a doctor did not call for certain testing based on an individual’s symptoms as they did not think they were related to a risk for a serious disease or illness.


What is medical malpractice

Medical malpractice is when negligence is performed with the intent to harm. Looking at the two examples from before there is one change you could make to each that would turn them into acts of medical malpractice. If the doctor chooses not to sterilize their instruments because they either don’t approve/like the patient, or are trying to save money on supplies – this would be medical malpractice. If tests were not performed because they were either time consuming, the doctor felt the person deserved the disease, or thought the person was too old or ill for another test to do any good – and does not give the person the choice to accept or turn down the test – that is medical malpractice.

Contact your cities medical malpractice lawyer.

When is it one or the other?

The two terms are often used interchangeably even though they are very different. What determines which happened in each case is going to come down to intent. This is what can make providing medical malpractice difficult. It is on the claimant to prove the intent of the healthcare professional was to harm.

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