When it comes to malpractice vs negligence in Pennsylvania, it’s essential to understand the difference between medical malpractice and negligence. Medical malpractice occurs when healthcare professionals fail to meet the appropriate standard of care owed to the patient, resulting in severe injuries or otherwise causing harm to the patient. In contrast, medical negligence may involve an honest mistake that also results in personal injury but without the intent or gross disregard for the appropriate standard of care required. To succeed in a negligence or malpractice case, the court requires you to prove that a breach of duty occurred, directly leading to the injury.
Our medical malpractice lawyers in Easton, PA, can help you make informed decisions about personal injury claims and guide you through the complexities of your medical negligence or malpractice case, ensuring your rights are protected.
Duty of Care in a Medical Malpractice Case
The duty of care or medical standard of care requires every medical professional to maintain a certain level of care in order to ensure the patient’s health is the priority. When healthcare professionals fail to meet the appropriate standard, resulting in injury or harm, this forms the basis of a medical malpractice case. Understanding the difference between medical malpractice and medical negligence is crucial in medical negligence and medical malpractice cases.
Difference Between Negligence and Malpractice
The difference between medical malpractice and negligence is that medical malpractice lawsuits apply in a healthcare setting. In contrast, all other deviations from the reasonable person standard are considered negligence.
Medical negligence occurs when healthcare providers’ actions deviate from the acceptable medical standard of care and cause harm or injury to a patient. The difference between medical malpractice and medical negligence is tied to the awareness and intent of the medical professional.
A medical malpractice case occurs when a healthcare provider intentionally or knowingly fails to follow the appropriate standard. While all medical malpractice claims are formed because of medical negligence, not all medical negligence, such as a lawsuit arising from a doctor making an unintentional mistake, is considered medical malpractice.
If you’ve suffered injury due to medical malpractice or negligence, you deserve to be fairly compensated for the harm done. A medical malpractice attorney at Edward P. Shaughnessy can help.
Examples of Medical Negligence in Pennsylvania
Medical negligence occurs anytime healthcare professionals deviate from the medical standard for providing patient care. Common examples of medical negligence include when a healthcare professional misreads test results leading to an incorrect diagnosis, or when healthcare professionals fail to administer medication on time.
Medical negligence actions, while an unintentional medical mistake, can still have serious consequences for a patient’s health outcomes and may constitute a medical negligence claim.
Examples of Medical Malpractice in Pennsylvania
Medical malpractice cases can have life-altering consequences for the patient. Examples include when a healthcare professional fails to monitor a patient during or after surgery or when a healthcare professional fails to diagnose a life-threatening condition, even when the symptoms are clear and documented in the medical records. We’re often asked, “Can you sue for inaccurate medical records in Pennsylvania?” and in many cases, yes, you can sue for chart lore and negligent referrals in Pennsylvania.
Understanding the intent of healthcare providers as well as the difference between medical malpractice and medical negligence is important in these situations. In medical malpractice cases, the actions go beyond mere medical negligence. However, a physician or healthcare professional can be held liable without a lawyer needing to prove one or the other.
Common Medical Malpractice Cases in Pennsylvania
Medical malpractice lawyers understand what is needed to prove medical malpractice cases. Whether the injury was sustained due to medical negligence during treatment or a doctor made a grossly negligent mistake, if the patient’s health suffers harm, they can file a medical malpractice lawsuit against the negligent doctor or healthcare professional.
Common medical negligence and medical malpractice cases in Pennsylvania include the following.
Misdiagnosis and Delayed Diagnosis
Misdiagnosis and delayed diagnosis are among the most common forms of medical malpractice or negligence claims. When healthcare professionals fail to diagnose a condition correctly, the patient may receive inappropriate treatment, leading to worsening the patient’s health or unnecessary surgery.
A delayed medical diagnosis can mean the difference between life and death for a patient. For example, if a doctor overlooks signs of a heart attack and sends a patient home if the patient dies, the family can file a lawsuit for medical negligence or malpractice.
Surgical Errors and Unnecessary Surgery
Surgical errors are one of the most common types of medical malpractice cases, with leaving surgical tools inside of a patient and operating on the wrong body part being the most common medical malpractice cases. Such instances of medical negligence or malpractice expose the patient to additional risks, emotional distress, and medical expenses, as well as the need for corrective surgery.
If you or a loved one has been affected by a surgical error, consult with a personal injury lawyer to seek justice and compensation.
Medication Errors
Medication errors occur when a healthcare provider prescribes or administers the wrong medication or dosage. This can lead to serious health complications, particularly if the patient receives a medication they are allergic to or if the wrong medication interferes with their current treatment. These errors are often the result of poor communication, misreading of medical records, or simply an honest mistake by a healthcare professional.
Contact an Easton drug injury lawyer to discuss your medical negligence or malpractice case if you’ve suffered an injury due to a medication error.
Birth Injuries
Understanding the difference between medical negligence and malpractice is important when these injuries occur. Birth injuries can occur when a healthcare provider fails to monitor the baby or mother properly during childbirth, leading to severe conditions or fatality. If your family has been affected, pursuing a medical malpractice lawsuit with the help of an Easton birth injury attorney can be a necessary step toward seeking justice and compensation for your child’s injuries.
Improper Use of Medical Equipment
The improper use of medical equipment in a hospital setting can lead to serious personal injury or worsen a patient’s existing condition. Whether it’s a miscalibrated dialysis machine or an improperly sterilized surgical tool, these errors by healthcare professionals can have life-threatening consequences for the patient. Such situations may constitute medical malpractice or negligence, and the impacted patients may have grounds to pursue medical malpractice claims.
Nursing Home Abuse or Neglect
Nursing home abuse or neglect is a particularly disturbing form of medical negligence. Most victims in these cases are among the most vulnerable, and when healthcare professionals fail to provide the care owed, it is considered negligence. An Easton nursing home abuse lawyer can help protect other residents from similar harm and hold the responsible parties accountable.
Informed Consent and Followup Negligence Claims
When a healthcare provider fails to obtain informed consent before administering medical treatment or when they fail to follow up appropriately after a procedure, they may be considered negligent. This can lead to serious consequences for the patient, who may not have understood the risks involved or may suffer complications that were not properly monitored.
Legal Implications of Malpractice and Medical Negligence Cases
The legal implications of medical malpractice and medical negligence cases in Pennsylvania are significant. Victims have the right to seek compensation for medical expenses, lost wages, and pain and suffering.
To prove medical malpractice, these cases require thorough investigation and often the testimony of medical experts to demonstrate that the healthcare professional’s actions fell below the accepted standard of care. Our Medical malpractice attorney group assists victims through medical malpractice lawsuits and helps them obtain justice and compensation.
How Medical Experts Help Ensure Negligent Medical Practitioners Are Held Accountable
Medical experts are key in cases involving medical malpractice or negligence. Their testimony can demonstrate that the healthcare provider’s actions fell short of the accepted standard of care, directly leading to the patient’s injury. By holding negligent healthcare professionals accountable, victims can pursue justice and a fair settlement for the harm they’ve suffered.
What Happens When Medical Malpractice Occurs to You?
If you believe you’ve been a victim of medical negligence or malpractice by a healthcare professional, the first step is to consult with a medical malpractice attorney. An experienced medical malpractice attorney can evaluate your case, gather the necessary evidence, and guide you through the legal process. Don’t hesitate; Pennsylvania has strict statutes of limitations for filing a malpractice lawsuit.
When Should You Hire a Medical Malpractice Attorney?
You should hire a medical malpractice lawyer as soon as you suspect that a doctor or healthcare professional fails to meet the standard of care, leading to a medical mistake that caused you injury or harm. Delaying legal action can weaken your medical malpractice claims and limit your ability to seek compensation. A personal injury lawyer can provide a free consultation to assess your case and determine the best course of action.
How an Easton Medical Malpractice Lawyer Can Help
An Easton medical malpractice lawyer can be your strongest ally when facing the challenges of a malpractice or negligence claim. With the right legal representation, you can seek compensation for medical expenses, lost wages, and emotional distress. Don’t let a healthcare provider’s unintentional mistake go unchallenged—your health and well-being are too important. Take legal action today to prevent harm from happening to others and to hold the responsible party accountable.
By understanding the difference between negligence and malpractice and knowing when to seek legal action, you can protect your rights and seek the compensation you deserve. Your health should never be compromised by a medical professional’s actions, and with the right legal help, you can take control of your future.
