Cases involving medical malpractice or medical negligence are
complex. Although they are often used interchangeably, it can be challenging to
understand the nuances between the two. If you’ve been harmed by a medical
professional or institution, consulting with an experienced medical malpractice
lawyer can help you understand how Pennsylvania medical
malpractice laws may impact your case.
What is Medical Negligence?
Medical negligence occurs when a healthcare provider fails to
provide the level of care that a fellow medical professional would in similar
circumstances. In other words, if a
healthcare provider’s unintentional error or inaction led to injury or harm, it
would be considered medical negligence. The four key elements of proving
negligence include:
Duty of Care – The healthcare provided a
duty of care to the patient
Breach of Duty – The healthcare
professional breached their duty of care by not meeting the standard of care
the provider breached the duty of care by failing to meet the standard of care
within their field
Causation – The provider’s breach of
duty caused injury or harm to the patient
Damages – The patient suffered
damages such as additional medical bills, wage loss, physical injury, and
emotional distress
The best malpractice
attorneys understand how to investigate medical negligence claims and put all the
evidence together to prove negligence.
Medical Malpractice
Medical malpractice includes the elements of medical
negligence with one significant difference – in a medical malpractice case, you
must show that the medical provider’s or institution’s actions were intentionally reckless. In simpler
terms, when a medical provider knows better, but still makes a poor decision or
provides subpar treatment, it may be considered malpractice. Some examples of
medical malpractice and/or negligence include delayed diagnosis, misdiagnosis,
improper treatment, and surgical errors.
In medical malpractice cases, an injured party (plaintiff) must present expert testimony from a
qualified medical professional. Their testimony is vital to demonstrate the
standard of care that the negligent healthcare provider (defendant) should have
followed and how they deviated from that standard.
How a Medical Malpractice Lawyer
Can Help You Understand Your Options
The distinctions between medical malpractice and medical
negligence can be challenging to grasp if you are unfamiliar with the law.
Although you may be able to pursue compensation for medical negligence or
malpractice, the legal strategies your medical malpractice attorney employs
will differ. Suppose you have lost a loved one due to the negligence or
carelessness of a medical professional or institution. In that case, your
attorney may be able to help you file a wrongful death claim against the responsible
parties.
There is a specific process for pursuing medical malpractice
claims, so it is critical to seek the counsel of a personal injury
attorney who has experience handling medical malpractice and negligence claims.
In Pennsylvania, the statute of limitations for filing a medical malpractice
lawsuit is two years from when the error or injury was first discovered or
should have been discovered, so it is important to act fast. These time limits
vary by jurisdiction and there are exceptions, depending on the specific
circumstances.
Do you need assistance with a negligence or malpractice claim? Contact our personal injury lawyers today at Perna & Abracht, LLC for a free consultation today. Our team includes some of the best medical malpractice lawyers in Pennsylvania.
This blog was originally posted on https://pa4law.com/medical-negligence-vs-medical-malpractice-understanding-the-legal-difference/
