What is Medical Malpractice?
The legal term "medical malpractice" is used to describe any unlawful occurrence that involves the deliberate breach of trust between a medical professional and client. Medical professional includes dentists, doctors, physicians, nurses, therapists, and other healthcare providers in the field of medicine.
The malpractice occurs when any medical professional neglects to provide treatment in a standard, safe, and legal manner in regards to their profession, which results in injury to the patient, or even death. Medical malpractice with intent generally falls under four areas:
- A responsibility was required and never received
- A professional medical responsibility was breached, and the care was not standard
- The patient was affected negatively in some manner by the damage
- The breach resulted in an injury or death
Damage refers to any damages that affected the client in any way, including emotionally, physically, and monetary.
What is Negligence?
Negligence entails the inaction or lack of action out of ignorance on the professional's behalf, which resulted in damage to an individual or group, as opposed to an intent to harm.
Negligence happens when a medical professional disregards basic civil responsibilities or neglects to sustain civil responsibilities as an individual, in which case an individual was hurt. A hurt person is someone who was negatively affected in a financial, emotional, or physical way based on the professional's behavior.
Cases involving negligence include specific components, including breach, duty, damages, and causation. Sometimes breach and duty are combined into a singe aspect of behavior. Every component must be provable for a negligence case to move forward. The term negligence is generally used to categorize the specific details of the individual's case, which can include:
- Medical negligence
- Medical malpractice
- Criminal negligence
Medical Malpractice vs. Negligence
Though medical malpractice and negligence are often used interchangeably, they are actually two separate legal terms with very separate meanings. Medical malpractice is a form of negligence; whereas, negligence falls between medical malpractice and medical negligence. The main difference between each definition is the intent.
Medical malpractice occurs with an intent to harm, while medical negligence involves the inaction by a healthcare professional, many times without intent, and negligence can occur without or with intent. In each case, evidence regarding the specific responsibility to the individual, the violation of that responsibility, the cause of the after-effects of the violation, and damages must be provided.
In other words, the claim must prove: Since the professional has a responsibility to their patient, it must be resolved that the exact responsibility had been violated, as well as how it had been violated. Next, the relationship between the violation and the aftermath must be proven. And lastly, the damages the negative causation caused to the client.
It is because of the similarity between these elements that the terms medical malpractice, medical negligence, and negligence are often used interchangeably, even though they are different.
Thomas Valet, working with you as your NYC Medical Malpractice Attorney understands how confusing the details of your case can be, as well as the importance of understanding these details to take the proper course of action, and will assist you throughout every step of your legal case, so you can proceed with confidence.