Medical Malpractice vs. Negligence: What’s the Difference, and Why Does it Matter?

A doctor is meant to be someone you trust. They are responsible for your well-being, and sometimes even your life. But the fact is, we all make mistakes, and medical professionals are no exception. These professionals owe a duty of care to their patients. If that duty is breached by an oversight or poor choice, leading to harm, compensation may be due for medical malpractice.

As experienced personal injury lawyers in Olympia and Tacoma, WA, the Capital Injury Law team is dedicated to helping members of our community get justice when another person’s actions harm them. Here, we’ll discuss the difference between medical malpractice and medical negligence, why it matters, what to do, and how we can help.

The Reality of Medical Errors

The unfortunate reality is that medical errors are the third leading cause of death in our country. This means your chances of experiencing medical negligence or malpractice may be much higher than you think, and it’s important to know your rights and how to defend them. That’s where personal injury lawyers come in.

A medical error is any mistake or misconduct that a healthcare provider makes, such as a mishap during surgery, prescribing the wrong medication dosage, or an incorrect diagnosis. Depending on the nature of the error, it may be considered medical negligence or medical malpractice.

Distinguishing Medical Malpractice and Medical Negligence

Both these categories of medical error are similar, and there is often overlap that makes it hard to distinguish them. But the primary distinction is the doctor’s intentions or awareness. Let’s look at each category separately.

Medical Negligence

In law, negligence is defined as the failure to use reasonable care, resulting in damage. A medical professional owes a certain standard of care to their patients. They must carefully avoid clumsy movement during surgery that causes harm or accidentally mixing up the dosages for two different medications. If they do make one of these mistakes, no matter how unintentional, it is considered medical negligence.

Medical Malpractice

While negligence is a mistake made unintentionally, medical malpractice is when the professional knowingly takes inappropriate action, even if they didn’t intend to cause harm. For example, if a doctor performs surgery without having the proper qualifications or without following the proper procedures, they may have had a well-intentioned reason to do so, but it was still a conscious decision to breach their duty of care.

Medical malpractice and negligence may also sometimes be distinguished by their severity. If the mistake was unintentional but resulted in significant harm or wrongful death, it may be classified as medical malpractice. 

Why Does it Matter?

These classifications can increase or decrease the patient’s likelihood and amount of compensation in a lawsuit. Medical malpractice is a more serious form of misconduct than medical negligence. If you and your lawyer can prove medical malpractice, you will likely secure greater compensation.

What to Do If You Suspect Medical Negligence or Malpractice

If you’ve been on the receiving end of a medical error, you can file a medical malpractice claim. You will have to prove four things for this claim to succeed:

• The medical professional owed a duty of care to you
• They did not fulfill that duty of care 
• You were harmed as a direct result of their negligence or misconduct
• You suffered significant damages you should be compensated for

You can go directly to your healthcare team with your claim. Healthcare institutions typically have a professional team to handle such cases. However, it is in the institution’s best interest to defend themselves against a medical malpractice claim, by either denying your claim or minimizing the damages. That’s why it’s best to start by consulting a personal injury lawyer.

When to Hire a Personal Injury Lawyer

While the healthcare institution may seek to avoid responsibility and minimize payouts, a personal injury lawyer’s job is to make sure you get the compensation you deserve and justice is served. We know how to gather the right evidence and create a compelling case. Your lawyer can also handle negotiations with stingy insurance companies. Most cases settle outside of court, but if it does go to trial, having legal representation is crucial.

Medical malpractice claims are complicated and often have high stakes. It’s best to work with a lawyer as soon as possible, before even filing a claim, to avoid any mistakes or oversights that could cost you the compensation you need.

Contact Capital Injury Law Today

You should be able to rely on quality care from your healthcare provider. But if that fails, you deserve compensation to cover medical expenses, lost wages, and pain and suffering. Let us help you defend your rights and get the compensation you need to heal. Contact Capital Injury Law today to schedule a free consultation about your medical malpractice claim.