This article has been cited by other articles in PMC. Abstract Objective To examine the causal effects of doctor-patient relations and the severity of a medical outcome on medical patient perceptions and malpractice intentions in the event of an adverse medical outcome.
When someone is injured or killed because of the actions of a medical professional, it can be categorized as medical malpractice or medical negligence.
For civilians, it can be difficult to understand the difference between these two concepts. However, these two types of wrongdoing are not the same and may lead to different outcomes in court. What is medical negligence? A medical professional is guilty of negligence when he or she ignores basic responsibilities and indirectly causes a victim to be injured or killed.
Medical negligence cases often involve unintentional mistakes or oversights.
What is medical malpractice? A medical professional is guilty of medical malpractice when he or she intentionally fails to provide standard, acceptable care to a patient.
This failure results in the injury or death of the individual. However, there are clear differences. In reality, medical malpractice is a subcategory of negligence. However, in the case of medical malpractice, the medical provider takes action or fails to take action with the knowledge that the patient may suffer harm.
Medical malpractice is considered more serious than medical negligence. Cases involving medical negligence or medical malpractice are often complex.
Damages in negligence and malpractice cases If you or a loved one is a victim of medical negligence or medical malpractice, you may be able to file a claim against the medical professional responsible. If your claim is successful, you may be awarded damages to compensate you for losses related to the incident.
Damages available in these cases include: Payment for the cost of past medical care Payment for the cost of future medical expenses, such as long-term care or rehabilitation Compensation for lost wages Compensation for lost earning capacity Compensation for mental distress and suffering In cases where the provider is guilty of medical malpractice, the court may also consider awarding punitive damages.
The purpose of punitive damages is to punish the provider for his or her wrongdoing. Most courts reserve this type of damages for extreme cases.
In order to maximize your chances of winning the case, you need to present as much compelling evidence as possible in court. One of the best ways to improve your chances of success in the courtroom is to hire a medical expert witness.
A medical expert witness is a physician who uses his skills and knowledge to testify as an expert on your behalf in court. Edward Mallory practiced emergency medicine for more than 25 years.
As a trusted, experienced medical expert witness, he can help you build a strong argument in your medical negligence or medical malpractice case. Edward Mallory today for a free evaluation of your case. By Edward Mallory TTHE frequency of malpractice claims among patients injured by medical negligence has been the subject of much speculation and little empirical investigation.
According to the landmark Harvard Medical Practice Study (), only 1 in 15 patients who suffer an injury because of medical negligence receive compensation, and five-sixths of the cases that receive compensation have no evidence of negligence. While medical malpractice is more often than not attributable to physicians, surgeons, and even pathologists, it is also commonly seen that medical malpractice arising out of nursing negligence happens in the best of hospitals and clinics from time to time.
The Health Care and Tort Reform Debate By David Goguen, J.D., University of San Francisco School of Law Tort reform efforts have yet to yield legislation at the federal level, but a number of states have passed laws that make it a little harder for potential plaintiffs to file a medical malpractice lawsuit.
Medical malpractice law seeks to ensure that patients always receive competent care, which includes an accurate assessment of any health problems, and a plan for the right course of treatment based on the patient's condition.
Malpractice is a type of negligence; it is often called "professional negligence". It occurs when a licensed professional (like a doctor, lawyer or accountant) fails to provide services as per the standards set by the governing body ("standard of care"), subsequently causing harm to the plaintiff.