Medical negligence can be defined as the failure of a professional medical practitioner to apply a sensible degree of skill, expertise, and care in administering treatment to a patient. On the other hand, medical malpractice is an omission by a professional healthcare provider while administering medical treatment to a patient that leads to injury.
What is the difference between medical negligence and malpractice?
Even health professionals are liable to make mistakes while offering medical services to people. However, these mistakes could be termed either malpractice or negligence. These two concepts are very similar, and it’s difficult to differentiate them.
The major difference between medical negligence and malpractice is the intent of the healthcare provider. The difference between medical negligence and malpractice is highlighted below:
When a professional health provider makes decisions about a patient’s treatment that accidentally turn out to be harmful, it is considered negligence. Medical negligence is usually associated with carelessness or nonchalance in performing their duties. In contrast, medical malpractice refers to decisions taken by the healthcare provider, who is aware of the consequences of that decision and accidentally causes harm or injury to the patient. Both concepts are closely related, and a vast majority of medical errors and malpractices are also considered acts of negligence.
Categories of medical malpractices
There are six main types of medical errors that can be termed medical malpractice, including:
Misdiagnosis
Misdiagnosis is a very common form of medical malpractice in a malpractice suit. A misdiagnosis can be defined as the failure of a doctor or healthcare specialist to diagnose a patient’s condition properly. It is usually characterized by diagnosing the wrong ailment or saying the patient is medically sound when there is an issue.
This type of medical error is termed “medical malpractice” if the patients get harmed by being treated for conditions they do not have or if they sustain medical injuries from the wrong treatment. However, not every case of misdiagnosis can be filed as a malpractice claim. A misdiagnosis qualifies for a malpractice lawsuit if the medical professionals involved do not respond with the expected skill and expertise, like any other profession, which leads to injuries.
Negligent failure to treat
Sometimes, the doctor’s office is more concerned with making money than saving lives. Failure to treat occurs when medical professionals fail to treat a correctly diagnosed ailment. This is common when the doctor has a lot of patients & favors some patients to obtain money while others are hurriedly discharged without proper referrals or remain unattended.
Birth injuries
Negligence in the healthcare system has caused birth injuries such as brain injuries & birth defects that some of these children have to live with for the rest of their lives. Some malpractices that could lead to birth injuries include:
- Poor prenatal care
- Failure of medical personnel to diagnose pregnancy complications
- Wrong use of medical devices could cause injuries like cerebral palsy or injury to the brachial plexus
- Not carrying out a caesarian section in an emergency
- Unnecessary C-sections
- Inability to properly monitor mother & child during labor
- Wrong administration of anesthesia
Delayed diagnosis
Delayed diagnosis is often time-related with misdiagnosis and occurs when the correct diagnosis is given late. Sometimes, the correct diagnosis comes after the doctor has already assured the patient that there’s no health issue or has started treatment for the wrong condition. Delayed diagnosis qualifies as a malpractice claim if the patient’s condition has worsened due to late or incorrect treatment, provided that the medical professional did not act with the required level of skill as expected of other doctors in the same situation.
Surgical malpractice
Surgical malpractices are experienced during surgery and usually lead to severe injuries. Due to the high risk of surgical procedures, informed consent from the patient’s required before the procedure is done. The following surgical errors qualify as surgical malpractice:
- Performing surgery on the wrong patent
- Damaging the patient’s nerves, tissues, or organs during surgery
- Using unsterilized medical equipment
- Administering insufficient or excess anesthesia
- Performing surgery on the wrong site
- Performing the wrong surgery on a patient
- Unnecessary surgical operations
- Leaving objects in the patient’s body after surgery
- Inadequate follow-up after surgery
Defective Medical Devices
Defective medical devices can cause severe injuries and, in some cases, wrongful death. A defective device may worsen a patient’s condition instead of relieving it. However, in cases where the manufacturer of the device was aware of the defect but went ahead to produce and sell it, the manufacturer will be held responsible for the damages.
Elements of a malpractice claim
There are four elements of a valid malpractice claim, and they include:
The doctor’s professional duty to the patient
The doctor is bound legally and by medical ethics to provide adequate healthcare to patients. Once a relationship is established between the doctor and the patient, the duty comes into effect.
Breach of doctors duty to the patient
Once the doctor’s professional duty to the patient, as mentioned above, is breached, The patient’s medical malpractice attorney must provide proof of a breach of the doctor’s professional duty to the patient.
Injury caused by a breach of duties
The patient’s lawyers must provide proof of injuries suffered due to the doctor’s breach of professional duty, like medical records, for a medical malpractice lawsuit to be valid.
Damages caused
The injured patient must provide proof of damages caused as a result of the injury. Damages could include lost wages or other financial losses.
Conclusion
Medical malpractice claims are big deals in any country or state; Pittsburgh is no exception. According to the medical malpractice laws in Pittsburgh, a medical malpractice claim must be filed within seven years of the medical mistake. A Pittsburgh medical malpractice case aims to get compensation from the medical facilities or medical experts that committed medical malpractice. Compensation for a medical malpractice case could include payment of medical expenses and other compensations for financial recovery.
CONTACT J.P. WARD & ASSOCIATES | PITTSBURGH PERSONAL INJURY ATTORNEYS
You can visit Pittsburgh medical malpractice law firms to get medical malpractice attorneys to handle your Pennsylvania medical malpractice cases. At J.P. Ward & Associates, we have the best Pittsburgh medical malpractice lawyers with adequate skill & experience to handle cases of personal injuries.
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