Understanding the Difference Between Medical Malpractice and Negligence

When you or a loved one is hurt due to a healthcare provider’s treatment, you may decide to consult a medical malpractice attorney in Wichita, KS. Will you be able to file a medical malpractice suit? Learn more about medical malpractice vs. negligence cases and what they involve. 

How Medical Malpractice and Negligence Cases Are Similar

Both of these personal injury case types share some key components, including:

• Duty of care: Healthcare providers have a standard of care they must give to every patient. 
• A breach of duty: Their actions, even if unintentional, could breach their standard of care. 
• A link between the breach of duty and patient harm: A provider’s actions must be the direct cause of a patient’s health outcome. 
• Measurable damages: Patients usually endure damages because of their provider’s breach of duty, such as a declining health status. 

Medical Malpractice vs. Negligence: What’s the Difference?

How can you tell whether you have grounds for a medical malpractice lawsuit? Medical malpractice vs. negligence boils down to how far a provider deviates from accepted medical standards. 

Suppose you come to your doctor not feeling well. They prescribe you a medication but give the incorrect dose based on your medical information. This unintentional mistake may be considered medical negligence. 

Imagine you then take the medication as prescribed by your doctor. As the dosage is too high, it causes other health issues that can land you in the hospital. In situations where the error greatly deviates from the accepted standard and leads to harm, it can form the basis of a malpractice case.

A thorough investigation and expert testimony can offer insight into how much the doctor’s actions breach their duty of care. 

Navigating these cases is complex. Consult an attorney with experience handling medical malpractice cases. They can review a provider’s legal liability and explore your options. 

Seeking Justice for Instances of Patient Harm

Medical errors can have serious consequences. A patient’s health may decline, severely impacting their quality of life. Prolonged treatment after an error can affect one’s finances, and, in extreme cases, errors can lead to fatalities. 

Speak to a personal injury attorney who has experience with malpractice cases. After reviewing the details of your case, you may have grounds to file a lawsuit against the negligent party or parties. You may be able to claim the following damages in your suit:

• Medical costs
• Lost wages or diminished earning capacity
• Compensation for overall pain and suffering

Wrongful death claims typically include these damages, along with funeral expenses and compensation for the family’s loss of companionship. 

Don’t wait too long to seek legal advice. Filing deadlines exist for medical malpractice and wrongful death suits. Taking action once the deadline passes prevents you from pursuing legal compensation. 

Seek Legal Support Following a Critical Medical Error

If you or a loved one has been affected by a medical misdiagnosis, surgical error, or other harmful mishap while receiving medical care, Larry Wall Trial Law may be able to help. We understand the nuances of medical malpractice vs. negligence and review case details thoroughly. 

Contact our firm at (316) 265-6000 to schedule a free consultation.