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When does a medical error become medical negligence?

On Behalf of | Sep 6, 2022 | Medical Malpractice

Florida patients trust medical providers to deliver reliable and safe health care. In certain instances, medical providers breach that trust through mistakes. Some types of mistakes can be classified as medical negligence.

What is medical negligence?

Medical negligence refers to any conduct that does not include due care. It can also refer to a medical provider deviating from the standard of care that a patient deserves. A standard of care is the treatment that you can reasonably be expected to receive as a patient.

What is the difference between medical error and negligence?

Some errors occur through no fault of the medical professional. A reasonable investigation into the error must take place before any medical negligence lawsuits can occur. Examples of medical errors that may occur without negligence include:

  • Severe medical reactions during treatment
  • System errors
  • Technology errors
  • Prescribing the wrong medication for a condition

How do you determine the difference between medical negligence and malpractice?

While both negligence and medical malpractice occur because of medical error, the difference lies in the intent of the act. When medical professional commits negligence, they are careless, but they lack any belief that their actions could cause harm. Medical malpractice occurs when a medical provider is aware of the risk of harm and commits the act regardless.

What four things must be proven in a medical negligence case?

Four aspects of a medical negligence case must be proven if it becomes a lawsuit. These four are:

  • The medical professional had a specific duty to the patient.
  • There was a deviation from the standard of care.
  • Damages to the patient occurred.
  • The injury was directly caused by negligence.

What are the long-term effects of medical negligence?

Medical negligence can cause severe long-term suffering in a patient. Paralysis and even death can occur because of a medical provider’s errors. The path to proving that negligence occurred can create additional emotional turmoil.