Medical malpractice and medical negligence are two terms that are commonly used in legal circles. Most clients don’t know the subtle difference between these two terms and they use the terms interchangeably. But medical malpractice and negligence are two different situations. This article provides information on the difference between medical malpractice and medical negligence.
Medical negligence is a situation where a health care provider fails to exercise proper care that a reasonably prudent individual would exercise in such situations. It is defined in law as harm caused by carelessness which was not intentional. On the other hand, medical malpractice is defined as a situation where a doctor fails to provide his/her service as per the standards set by a governing body in the field which could subsequently result in causing harm to the plaintiff.
Medical malpractice and medical negligence cases are filed in civil courts in order to get compensation for the mental and physical injuries caused to the individual. Medical malpractice and negligence cases are hard to prove most of the time. A clear causal relationship should be established between the injuries caused to the individual and the negligent act in order to win a favorable judgment. There are four major elements to proving a negligence or malpractice case.
The first element is the duty part where the defendant had a duty to the plaintiff. Breach is the second element where the defendant breached his/her duties. Causation is the third element where the harm caused to the person was a direct result of the breach of duty. The final element is damage where the damages sought need to be directly related to the harm caused.