What is the difference between malpractice and negligence? Find out with our guide…
If you have been injured by an accident that was not your fault, claiming for compensation is the fairest way to get help managing costs. Medical fees soon add up, and to stop yourself being out of pocket for something you could not avoid, but that you are not to blame for, is harder than it seems.
Fortunately, there are personal injury lawyers out there that are on our side. If you live in the Miami area, then Dolan Dobrinsky Rosenblum Bluestein, LLP might be able to help you get your money back. But how do you know if what happened to you was medical malpractice and how do you go about proving it?
Is its Medical Malpractice or is it Negligence?
Medical negligence and medical malpractice are two different strings of the same bow. While both will cause you unnecessary pain and suffering, they both do so for different reasons or to different degrees.
Medical negligence, therefore, is when a doctor or medical professional fails to do something that later results in a decline of the patient’s health. Ergo medical negligence might cover a misdiagnosis, a failure to diagnose a mild condition, or confusing a patient’s file with someone else’s for a few minutes.
Medical Malpractice can come about in two ways. It can be caused by a case of negligence so terrible that it needs to be elevated. It can also come from a medical practitioner who deliberately does not carry out a treatment even though it might save a life. In a few rare cases, medical malpractice has covered those medical practitioners who have falsified medical records to make their case.
For example, if the example is used again and the patient’s medical notes were confused for days instead of minutes, things could escalate from negligence to malpractice. Imagine one patient needed lifesaving surgery and did not get it as a result. In another example, a childhood bully requires treatment, and the doctor decides to get revenge by prescribing the wrong medication, resulting in medical malpractice.
No matter how it comes about, malpractice is reserved for the most serious of medical cases.
How Do I Prove Medical Malpractice?
First, arm yourself with a lawyer. Secondly, you will have to prove a few things.
Firstly, they must have been your doctor and should therefore have owed you a duty of care. Secondly, that duty of care must have been breached due to the doctor’s negligence. Next, this negligence caused you harm, which led to you incurring debts as well as the detriment of your physical and mental health.
If you were treated unfairly and think that you have a claim for medical malpractice or medical negligence, you should seek a personal injury lawyer near you to represent you. This is the fastest way to find a resolution to your problems. They know the ins and outs of the system and will be well-versed in the law. If you want to get the compensation you need to move on with your life after medical malpractice, it only makes good sense to call in the experts.
Laila Azzahra is a professional writer and blogger that loves to write about technology, business, entertainment, science, and health.