When you seek medical care, you trust that your healthcare provider will act in your best interest and provide you with the appropriate standard of care. However, sometimes things go wrong, and you may experience harm or injury due to medical errors. In such cases, it's essential to understand the difference between medical malpractice and medical negligence to determine if you have a valid claim for compensation. This comprehensive guide will help you navigate the complex world of medical malpractice and medical negligence, and provide you with tangible tips to address common issues you may face.
Medical Malpractice vs. Medical Negligence: What's the Difference?
Both medical malpractice and medical negligence involve a healthcare provider's failure to meet the appropriate standard of care, resulting in harm or injury to a patient. However, there is a crucial distinction between the two:
- Medical malpractice occurs when a healthcare provider knowingly and intentionally deviates from the standard of care, causing harm to a patient. This may involve a deliberate act, such as performing surgery without consent, or a failure to act, such as not providing necessary treatment.
- Medical negligence, on the other hand, occurs when a healthcare provider unintentionally fails to meet the appropriate standard of care, resulting in harm to a patient. This may involve a simple mistake, such as misdiagnosing a condition or administering the wrong medication.
Understanding the difference between these two terms is crucial when pursuing a personal injury claim, as the legal requirements and potential compensation may vary depending on the specific circumstances of your case.
How to Determine if You Have a Medical Malpractice or Medical Negligence Claim
If you believe you have experienced harm or injury due to a healthcare provider's actions, it's essential to gather evidence and consult with an experienced personal injury attorney to determine if you have a valid claim. Here are some steps to take:
- Document the incident: Keep detailed records of your medical care, including dates, treatments, and any communication with your healthcare provider. This will help establish a timeline of events and provide essential evidence for your claim.
- Obtain your medical records: Request a copy of your medical records from your healthcare provider, as these documents will help establish the standard of care you received and any deviations from that standard.
- Consult with an attorney: Speak with an experienced personal injury attorney, such as the team at Shamberg, Johnson & Bergman, CHTD, who can help you determine if you have a valid claim and guide you through the legal process.
Common Types of Medical Malpractice and Medical Negligence Cases
There are several common scenarios in which medical malpractice or medical negligence may occur, including:
- Failure to diagnose or misdiagnosis of a condition
- Errors in prescribing or administering medication
- Surgical errors, such as operating on the wrong body part or leaving a foreign object inside a patient
- Birth injuries, such as cerebral palsy or Erb's palsy caused by negligence during delivery
- Improper treatment or failure to provide necessary treatment
If you believe you have experienced harm or injury due to medical malpractice or medical negligence, it's essential to act quickly, as there are strict time limits for filing a claim. In Kansas City, MO, the statute of limitations for medical malpractice claims is generally two years from the date of the incident or discovery of the injury.
Let Shamberg, Johnson & Bergman, CHTD Help You Navigate Medical Malpractice and Medical Negligence Claims
At Shamberg, Johnson & Bergman, CHTD, our experienced personal injury attorneys understand the complexities of medical malpractice and medical negligence cases. We are dedicated to helping our clients in Kansas City, MO, and the surrounding areas achieve the compensation they deserve for their injuries and losses. If you believe you have a medical malpractice or medical negligence claim, contact us today for a free consultation.