How Medical Negligence becomes Medical Malpractice

There are many people who think that the terms "medical negligence" and "medical malpractice" are the same. However, medical negligence constitutes just one of the factors of a meritorious or legally convincing medical malpractice claim in which medical malpractice lawyers have to dust off their laptops and get into another case.

You went to the hospital because you were unwell and you were not healed, in fact, you are probably in a more unappealing situation now. You want to throw people out of the window but you are too weak to do so. Life sucks, no doubt about that but at least you are not being crucified by ISIS. There is always someone worse off; your life is not pleasant now but it could downright frightening. Do not panic, use this site - http://medical-malpractice.usattorneys.com/ - to find yourself a medical malpractice lawyer. You do not need an Apache gunship or an M1 Abram, you need legal help and some patience!

Medical Negligence

For the most part, medical negligence or hospital neglect is essentially an act of omission or failure to act by a doctor or other medical professional, which is contrary to the universally acknowledged medical standard of care. In medical malpractice law, medical negligence is typically the legal idea on which the case depends from a "legal fault" perspective.

Negligence by itself doesn’t constitute a medical malpractice claim. However, if negligence is the cause of a patient’s injury, then the plaintiff can have a valid malpractice claim which is they have a medical malpractice attorney because legal professionals do not take cases they do not believe they can win unless for some strange reason someone is paying them to occupy someone’s time or forcing the opposition to burn through cash which again, is very rare. 

Negligence remains a general legal theory that becomes relevant while determining who is really at fault in any tort case, which is essentially a civil injury case. For example, in a car accident, it is typically proved that one individual caused the accident by violating his/her lawful duty to obey all traffic laws and by driving in an irresponsible manner. Further, this individual is liable for damages suffered by all the other parties involved in the accident.

Medical Negligence Explained

We have observed negligence or hospital neglect from the point of view of a driver’s legal duty, and now we'll look at negligence from a medical care perspective. A doctor also has a duty to his or her patients and to administer treatment in line with the “medical standard of care.”

This standard is defined as the type and level of care that a skilled and reasonably proficient doctor with a comparable background, and belonging to the same medical community, will provide in circumstances that resulted in the suspected malpractice.

It is important to keep in mind that medical negligence doesn’t always cause injury to a patient. Thus if a doctor deviated from the “medical standard of care” while treating a patient, but the patient is unharmed and his/her health not adversely affected, the negligence involved will not result in a medical malpractice case.

You also have to understand that medical malpractice is not always caused by a doctor. There is plenty of blame to go around. If someone messed up and is neglectful it may not be the doctor. It could be the nurse too or any other medical professionals that work with a patient. This is where this website comes into the picture: http://nursing-home-abuse.usattorneys.com/.

When Negligence becomes Medical Malpractice

In short, medical negligence becomes medical malpractice whenever the negligent treatment provided by a doctor results in unjustified injury to a patient. The treatment worsens of the patient’s condition, causes unexpected and unreasonable complications or necessitates additional medical treatment.

This signifies that the addition of two extra factors viz., damages and legal causation are necessary before medical negligence can make a medical malpractice lawsuit feasible. Medical malpractice lawyers are of the opinion that if a doctor’s medical negligence doesn’t cause a patient harm or the negligence had no adverse effect on a patient’s condition, a medical malpractice or hospital neglect lawsuit is most likely to fail.

Under the circumstances, only a medical malpractice lawyer can help you navigate the complex legal issues involved. Most malpractice cases are bound by a statute of limitations so don’t hesitate to seek help as soon as possible.