What Is the Difference Between Negligence and Medical Malpractice?
While we trust doctors, nurses, and other medical professionals not to make mistakes when providing treatment, this isn’t always the case. When medical professionals err, it can turn a routine procedure or diagnosis into a nightmare — and a potential medical malpractice suit.
In this blog, we will outline the difference between medical malpractice and negligence and how those differences impact your case.
What’s the Difference Between Medical Malpractice and Negligence?
Doctors owe their patients a standard of care that is “reasonably competent and skilled” healthcare comparable to what a similarly trained, seasoned, and skilled professional would provide in a similar situation. When a medical professional fails to provide this standard of care, they are considered negligent. When the results of their actions cause the patient harm, make their condition worse, lead to complications, necessitate more treatment, or negatively impact their lives in any other way, there are grounds for a medical malpractice claim.
In other words, it’s never okay when a doctor is negligent and makes a mistake, but that mistake must cause you, the patient, harm in some way for there to be grounds for a medical malpractice suit.
Hurt By a Doctor? Consider Seeking Legal Help
If you’ve been hurt by a negligent doctor or medical professional, you shouldn’t have to continue to pay for the treatment of injuries or a condition that is no fault of your own. However, proving medical malpractice is notoriously challenging, as most of the evidence is in the form of the doctor’s own notes. Additionally, doctors and hospitals may try to cover their mistakes by claiming that due to the difficulty of practicing medicine, there’s no one right or wrong way to treat a patient. They trust that unless the surgeon leaves an instrument inside a patient on the operating table or removes the wrong organ, the jury will give the doctor the benefit of the doubt no matter how much harm their actions caused.
However, these challenges should not deter you from seeking justice if you believe you were the victim of medical malpractice. Too often, we see people hurt by negligent doctors who let the two-year personal injury statute of limitations in Oklahoma lapse because they didn’t think they could win their claim.
An Oklahoma Medical Malpractice Attorney Can Help File a Claim
When you’re suffering through no fault of your own, it’s time to consider contacting an Oklahoma medical malpractice attorney. There is no shame in seeking legal help after something goes wrong. In fact, many patients are only able to get their life back on track because of the help they receive from their attorney and legal team. When you have a medical malpractice case, a skilled attorney can:
- Help you recover damages for pain and suffering, additional medical expenses, lost wages, and more
- Collect and preserve difficult-to-gather evidence
- File a suit and challenge the involved parties on your behalf
- Develop persuasive arguments to prove negligence and harm
- Spearhead legal efforts so you can focus on healing
Medical malpractice claims are notoriously complex. Recovering damages for injured victims takes time, effort, and attention to detail that only a skilled and experienced medical malpractice attorney can deliver.
Atkins & Markoff: Fighting for Oklahoma Medical Malpractice Victims
At Atkins & Markoff, we have over 20 years of experience fighting for victims just like you. We believe that everyone deserves to live happy, healthy lives, which is why we fight hard for victims of medical malpractice.
If you have suffered injuries or illness due to a medical professional’s negligence please contact us today to schedule your free, no-risk consultation. During our discussion, we’ll get to know you and your case, review your options, and provide you with sound legal advice on how to proceed.
Pandit, M. S., Pandit, S. (20019, September 25). Medical negligence: Coverage of the profession, duties, ethics, case law, and enlightened defense – A legal perspective. US National Library of Medicine, National Institutes of Health. Retrieved from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2779963/
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.