Healthcare workers aim to give the best care, but errors can occur. These errors usually fall into two types: medical malpractice and medical negligence. Knowing the difference can impact how you take legal steps, especially when it leads to catastrophic brain injuries.
What is medical negligence?
Medical negligence happens when a healthcare provider’s actions fall below the accepted standard of care, thus causing further injury to the patient. Consider it a mistake that a competent medical professional would not make under similar circumstances. California law defines this standard of care as what a careful doctor in the same or similar area with the same specialty would do. California’s modernized Medical Injury Compensation Reform Act (MICRA) aims to protect patients and keep the integrity of the medical system. Here are some examples of actions that could be medical negligence:
- Misdiagnosing or delaying a diagnosis
- Making surgical errors
- Giving improper medication or dosage
- Not obtaining informed consent
To prove medical negligence, you must show that the healthcare provider’s actions directly caused the patient’s brain injuries.
What is medical malpractice?
Medical malpractice is a legal claim arising from medical negligence. It occurs when a healthcare provider’s negligence leads to an injury. This means all instances of medical malpractice involve negligence, but not all cases of negligence will necessarily amount to malpractice. For instance, a doctor might make a mistake that does not harm the patient. While this might technically qualify as negligence, it would not form the basis of a malpractice lawsuit because there are no damages.
How can you seek redress for medical malpractice?
Knowing the difference between negligence and malpractice is important for legal action. Each brain injury case is unique, so talking to someone who knows medical law and litigation is critical. Especially with medical malpractice, having an attorney will help you evaluate your situation thoroughly and decide the best action.