Negligence vs Malpractice
Medical Malpractice vs Negligence
People sometimes use the terms medical negligence and malpractice interchangeably. But knowing the difference between these terms can help you determine what personal injury lawsuit you need to file. Negligence and malpractice are both complex legal issues that you may not have time to learn in full while dealing with an injury at the same time.
What you need is an experienced Houston Texas medical malpractice attorney because the lawyer knows the differences between these legal issues.
What Is Medical Malpractice?
How Does Medical Malpractice Differ From Negligence
Medical malpractice occurs when a healthcare professional through an act of omission or negligence causes an injury to a patient. In other words, the actions of the professional have to be intentionally reckless for them to be referred to as medical malpractice. Recklessness is used to describe actions that a reasonable person does not engage in when they are in similar circumstances.
What Is Medical Negligence?
Nursing Negligence vs Malpractice
Generally, negligence is when the unintentional careless or reckless actions of a person or organization lead to you getting injured. You can sue a negligent person and get compensated for your injuries. But you have to prove that that person or institution had a duty to ensure you are safe and that they breached that duty.
You also have to prove that the person’s breach of duty is directly responsible for your injuries. The court also expects you to show evidence of your injuries.
The four elements of proving negligence are duty, breach, causation, and damages.
These four elements are also important when proving medical negligence but there are a few extra complexities. You cannot sue for medical negligence if the party you are accusing is not a medical institution or professional. An institution in this context can be a hospital and a healthcare professional can be a nurse or doctor.
To prove a medical professional’s or institution’s malpractice, you need to describe how their actions breached the accepted medical standard of care.
When Can You Sue For Negligence Or Malpractice?
What Is A Negligence Suit
You must have been injured for you to sue a person or institution for negligence or malpractice. But just because you were harmed does not mean that the injury was directly a result of negligence or malpractice. The injury could have been caused by some complication in your body and may not necessarily be a direct result of another party’s actions.
So, if the healthcare professional was reckless but that recklessness did not cause an injury, you cannot sue. Remember that there are medical mistakes that are considered to be reasonable mistakes as far as the accepted standards of care are concerned. This is the case even if these mistakes cause an injury.
Steps To Take If You Are A Victim Of Negligence Or Malpractice
Define Medical Malpractice And Negligence
For a malpractice case, your lawyer needs to show when the healthcare professional acted in a reckless manner. Your lawyer needs to show how this recklessness caused your illness to get worse or injured you. An experienced negligence or malpractice lawyer has the skills and knowledge to prove how the negligence or malpractice caused your injury.