What is the Difference in Malpractice and Negligence

What is Considered Malpractice?
May 28, 2018
Types of Medical Malpractice Claims
May 28, 2018

People who go to a doctor or hospital to receive treatment put their trust in the medical professionals there to help them overcome their affliction. Sometimes the outcome is unfavorable and out of anyone’s hands, but sometimes it is due to the actions of a doctor or nurse that an additional injury is sustained or a condition made worse. When this happens, there are two types of lawsuits that one may be able to file for: medical malpractice and medical negligence. What are the differences between these two and why does it matter to you?

The main difference between malpractice and negligence is intentionality. While both circumstances involve injury or loss of income to an individual, the intent behind it is what makes a case a malpractice one. In a malpractice case, the doctor or nurse intends to harm an individual, either by performing a task that they know will cause suffering or intentionally foregoing safety protocols that are essential to a standard of care.

In a negligence case, on the other hand, the medical professional did not intend to harm the individual, but accidentally caused an injury due to carelessness or forgetfulness. While serious injuries can still be caused this way, they are not considered malpractices cases because only a mistake was made, not a malicious or selfish act.

So why does knowing this difference matter? Filing for the right kind of case can be the difference between seeing compensation and not, or receiving minimal compensation for the situation. If one files for a malpractice case and intent cannot be established, the case may be lost or minimal finances dispensed. When trying to determine what kind of case you should file for, and for going through the process itself, it is always a smart decision to have an attorney on your side that is well versed in personal injury law and will fight for you.

At the Franco Law Firm, we have the skills and experience in personal injury law to help you not only file for the right case, but win it and see justice served. To learn more about our services and to schedule a free consultation with us, please call (813) 872-0929.

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