14 Oct WHAT’S THE DIFFERENCE BETWEEN MEDICAL MALPRACTICE AND NEGLIGENCE?
Knowing the difference between medical malpractice and negligence is useful because it determines how you can hold other parties accountable and gain recompense for any suffering you may have sustained. Both malpractice and negligence are a result of some failure on the part of medical professionals who can be held liable.
Let’s examine the distinction between medical negligence and medical malpractice.
Medical malpractice is where a doctor or other medical professional fails to provide the standard of care, something that manifests in a failure to diagnose symptoms, surgical errors, carelessness, omission, or any other oversight that leads to injury. This is due to ignorance or failing to do something.
Like negligence, this does not always involve malicious intent, but here the problem is more deliberate. Instead of ignorance or an error of omission, the doctor’s failure is due to willfully pursuing a course of treatment (that did not work properly) when he was aware of alternative methods that fall within the bounds of the standard of care. This can be a difficult thing to prove, and a successful case usually includes the use of expert (medical) witnesses.
It’s also critical to be aware that pursuing legal action in these circumstances is incredibly difficult without legal counsel. You can be certain that a negligent or mal-practicing doctor has legal counsel of their own as part of their insurance.
This is why Gruenberg Kelly Della seeks to provide New Yorkers with the best legal aid in personal injury disputes. We assist clients in not only medical negligence/malpractice but also in several difficult circumstances such as:
- Car Accidents
- Motorcycle Accidents
- Truck Accidents
- Traumatic Brain Injuries
- Construction Accidents
- Pedestrian Accidents
- Wrongful Death
- . . . and much more
You may be interested to see this whole page of cases we’ve won recently, all resulting in awards of over $1,000,000. With regards to the topic of this article, we invite you to examine this medical malpractice case involving the misdiagnosis of a rare disease that resulted in our plaintiff recovering $1,173,000. This is how our law firm can help you obtain the results you deserve in/out of the courtroom.
If you’re in need of services like these, contact us to find out how we can begin helping you obtain justice. For those who wish to visit us in person, we opened an additional office located at 1730 Great Neck Road in Copiague (near the Copiague Train Station). Call us for help with any of our services at (631) 737-4110.