How Negligence becomes Medical Malpractice

Medical negligence and medical malpractice are often regarded as the same. For the most part, medical negligence is just one component of a medical malpractice claim that is legally valid. Medical negligence or hospital neglect is said to be an omission or failure to act by a physician that diverges from the established standard of medical care.

Negligence alone doesn’t become a claim for medical malpractice, but when an act of negligence turns out to be the cause of injury to any patient it is considered medical malpractice, according to Raleigh, NC medical malpractice lawyers.

What is Negligence

Negligence is a widespread legal theory that becomes significant while evaluating a person(s) that remains at fault in any tort case. This tort case is essentially a civil injury case, like a driver causing an accident on the road. If you want more information about nursing home abuse and want to check out your options for legal help, press right here.

In car accidents in general, it is a recognized fact that the person causing the accident has violated his/her legal duty to abide by the prevailing traffic regulations and drive conscientiously under the circumstances. In such a case, the driver will be held responsible for damages suffered by all other parties who are involved in the car accident.

Negligence and Medical Care Explained

Like the driver in the above example, doctors as well as other medical professionals have a duty to their patients to offer treatment that complies with the “medical standard of care.” This is the degree of care that any reasonably skilled and competent medical care professional would have made available. If a doctor fails to perform this duty, he or she is considered to be negligent, as any North Carolina medical malpractice lawyer will tell you.

Medical Negligence is not Equal Injury

Medical negligence or hospital neglect per se doesn’t always cause injury to a patient. A medical care professional might diverge from the proper medical standard of care while treating any patient. However, if a patient is not injured and his/her health is not adversely affected, then that negligence doesn’t come under the purview of a medical malpractice case, according to Raleigh, NC medical malpractice attorneys.

How Negligence becomes Medical Malpractice

In short, medical negligence becomes medical malpractice if a doctor’s negligent treatment results in undue injury to a patient. Malpractice occurs when the doctor’s actions:

• Worsens the patient’s condition
• Results in unforeseen and unreasonable complications to the patient
• Additional medical treatment becomes necessary 

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This signifies that the addition of two extra elements of legal causation as well as damages become necessary if medical negligence is to become medical malpractice lawsuit. If this does not happen, and the medical negligence or hospital neglect does not cause harm to anyone, then a medical malpractice case will become null and void.

Sometimes, there is a very fine line between medical negligence and medical malpractice, which can very confusing given the complexity of malpractice law. Therefore, if you feel you are a victim of a healthcare professional’s negligence, don’t hesitate to consult an experienced North Carolina medical malpractice lawyer as soon as possible.