You may hear the terms medical malpractice and medical negligence used interchangeably. However, each term has a slightly different meaning. The primary difference is intent. Medical negligence involves mistakes or errors, while medical malpractice involves intent.
A Medical Provider Has a Duty to Provide Adequate Care to Patients
The doctor-patient (i.e., medical provider-patient) relationship creates a duty of care for the doctor. The doctor must provide medical care that meets or exceeds the accepted medical standard of care, which is based on the specific facts and circumstances of the case.
Medical experts are used to establish the standard of care for a specific situation. They examine the established practices and norms accepted within the medical community to determine the standard of care for your case.
A medical provider might be negligent or commit malpractice if they deviate from the standard of care and that deviation causes the patient harm or injury. To win a medical malpractice or medical negligence claim, you must prove the doctor’s breach of duty (i.e., deviation from the standard of care) proximately and directly caused your injuries.
Medical Negligence vs. Medical Malpractice–Examples of Failures to Meet the Medical Standard of Care
Many situations and scenarios could result in harm to a patient. The circumstances could support a medical negligence or malpractice claim. It may help to look at examples of each type of claim to understand what is involved in filing a claim.
Medical Negligence
Examples of medical negligence include, but are not limited to:
- Medication errors, including giving a patient the wrong medication or the incorrect dose of medicine
- Birth injuries can occur from failing to adequately monitor the baby and mother during labor and delivery, failing to perform a C-section, and ignoring risk factors
- Failing to follow up with a patient after treatment
- Failure to give the patient adequate instructions for care after treatment
- Surgical errors, including leaving a foreign object inside a patient or performing the incorrect surgery on a patient
- Misdiagnosis, failure to diagnose, and delayed diagnosis
- Failure to explain the risks of a procedure or treatment to the patient
- Failure to obtain informed consent
Negligence is the failure to take reasonable care. Therefore, it is a mistake or error instead of an intentional act. Medical negligence claims do not involve the intent to act or not act.
Medical Malpractice
Medical malpractice involves an intentional act or omission. The doctor knows or should have known their conduct could hurt the patient but continued with regard to the harm their actions could cause. Examples of medical malpractice include but are not limited to:
- Providing medical care while under the influence of drugs and/or alcohol
- Cutting corners and rushing
- Providing care based on what an insurance provider advises or will cover
- Discounting or ignoring a patient’s reported symptoms
- Using medical equipment incorrectly
- Inadequate communication with the patient
Knowingly deviating from the medical standard is a breach of care. When the doctor knew or should have known they were deviating from the medical standard, it might be considered malpractice.
What Damages Are Available for a Medical Negligence or Medical Malpractice Claim in California?
You can receive the same types of damages in a medical negligence or medical malpractice claim. California medical malpractice laws allow patients to seek compensation for their economic and non-economic damages.
Examples of damages in a medical malpractice or negligence claim include:
- Reimbursement for the cost of past medical bills
- The cost of ongoing medical treatment and future care
- Emotional distress and mental anguish
- Pain and suffering
- Out-of-pocket expenses
- Impairments and disabilities
- Rehabilitative care
- Lost wages, earning capacity, and benefits
- Diminished quality of life and loss of enjoyment of life
- Scarring and disfigurement
The value of a medical malpractice claim depends on the facts of the case. However, the value of damages usually increases as the severity of the injuries increases. Permanent injuries can also increase the value of a medical malpractice claim in California.
Act Now to Avoid Losing Your Right to Sue a Doctor for Malpractice and Negligence in California
The California statute of limitations for medical malpractice claims is just one year. However, some cases may have a three-year deadline. Because you may need to file a medical malpractice lawsuit within one year when you discovered or should have discovered the malpractice, it is crucial to seek legal advice as soon as possible.
If you believe a doctor or medical professional caused your injuries, contact our Santa Ana medical malpractice lawyers for a free consultation. Our legal team is on your side, even if time is not.
Contact Robles Babaee, Personal Injury Lawyers or Visit Our Law Firm in Santa Ana for Help Today
Robles Babaee, Personal Injury Lawyers
1851 E 1st St Suite 810, Santa Ana, CA 92705
(714) 263-3700