Medical malpractice and medical negligence are closely related. Both legal actions refer to wrongful conduct by medical providers that cause injuries to patients. However, the terms have slightly different meanings. Medical malpractice implies a more serious or reckless failure to meet standards, while medical negligence involves unintentional medical errors.
What Is the Medical Standard of Care?
Medical providers owe a legal duty to provide adequate care for their patients. The relationship between the medical provider and patient establishes the duty of care, the standard of which is based on the circumstances and facts of the case.
The medical standard of care is the proper treatment for a specific illness, disease, or other healthcare situation. The level and type of care are based on the accepted norms and practices of the medical community.
Examples of Medical Malpractice vs. Medical Negligence
Numerous situations may give rise to a medical malpractice or medical negligence lawsuit.
Medical Malpractice
Medical malpractice occurs when a healthcare provider’s actions or failure to act demonstrate gross negligence or reckless disregard for the patient’s safety. The doctor may know or should know that their actions or omissions could potentially harm the patient, but proceed with them regardless of the risk. Malpractice does not necessarily require intent to harm but involves a serious departure from accepted standards of care.
Examples of medical malpractice include:
- Cutting corners and rushing through procedures
- Failing to order necessary diagnostic tests or lab work
- Using medical equipment incorrectly
- Providing medical care based on what the patient’s insurance company advises or approves rather than the patient’s best interest
- Inadequately reviewing a patient’s medical history
- Providing medical treatment under the influence of drugs or alcohol
- Discounting or ignoring a patient’s complaints or symptoms
In malpractice cases, the provider knowingly deviates from the appropriate standard of care, disregarding the potential harm to the patient.
Medical Negligence
Medical negligence refers to a failure to exercise reasonable care that harms the patient. Negligence can occur due to unintentional errors or omissions that fall short of the expected standard of care, but it does not involve the gross disregard for safety seen in malpractice cases. In a medical context, negligence typically involves mistakes made despite the provider’s intent to provide safe and effective care.
Examples of medical negligence include:
- Failing to follow up with a patient after a treatment or procedure
- Administering the wrong medication, incorrect dose, or other medical errors
- Failing to explain the risks of a treatment or procedure to a patient to obtain informed consent
- Not giving a patient adequate instructions for aftercare
- Failing to diagnose, misdiagnosing, or delaying a diagnosis
- Surgical errors, such as performing the wrong type of surgery or leaving a foreign object inside a patient
- Birth injuries due to failure to monitor the mother and child or delaying a necessary C-section
In cases of negligence, the provider does not need to intend to harm the patient but is still liable for damages caused by their mistakes or errors.
Proving Medical Negligence or Medical Malpractice in Missouri
Proving medical malpractice requires the injured party to provide sufficient evidence establishing the following:
- Duty of Care: The healthcare provider owes you a duty of care established by the patient-provider relationship.
- Breach of Care: The healthcare provider breached their duty of care by deviating from the medical standard of care or failing to use reasonable care (i.e., medical errors).
- Causation: The healthcare provider’s breach of duty was the proximate and direct cause of the bad outcome in your case.
- Damages: You sustained harm because the healthcare provider breached their duty, resulting in physical injuries, financial losses, and emotional distress.
Missouri law requires you to obtain an Affidavit of Merit signed by a qualified healthcare professional. The affidavit certifies you have a written opinion from the medical expert supporting your allegations. Additionally, before you can file a medical malpractice lawsuit, you must serve a Notice of Intent on all defendants at least 90 days before filing your lawsuit.
Damages Available in a St. Louis Medical Malpractice Lawsuit
Injured parties can receive a settlement or jury verdict for their economic and non-economic damages. Examples of damages in a medical malpractice case include:
- Past and future medical bills
- Loss of quality of life and enjoyment of life
- Scarring and disfigurement
- Lost wages and benefits
- Out-of-pocket expenses
- Pain and suffering damages
- Impairments and disabilities
- Rehabilitative therapy
- Diminished earning capacity
- Emotional distress and mental anguish
You deserve to receive fair compensation when a medical provider causes you harm. However, medical malpractice claims are complicated cases, and the statute of limitations (two years) restricts the time to file a lawsuit.
Contact a Personal Injury Lawyer at Roach Law Car Accident Lawyers Today
If you were injured in an accident due to someone else’s careless or negligent actions, contact an experienced St. Louis personal injury lawyer to discuss your case. Your attorney will fight for fair compensation, and they don’t get paid unless you win.
For more information, contact the attorneys at Roach Law Car Accident Lawyers we proudly serve all throughout Missouri, including St. Louis County, and we have offices in St. Louis, Chesterfield, Clayton, and Creve Coeur.
Roach Law Car Accident Lawyers – St. Louis Office
1010 Market Street, Suite 1605
St. Louis, Missouri
(636) 519-0085
Roach Law Car Accident Lawyers – Chesterfield Office
400 Chesterfield Center Suite 400
Chesterfield, MO 63017
(636) 999-9587
Roach Law Car Accident Lawyers – Creve Coeur Office
11628 Old Ballas Rd, Suite 320
Creve Coeur, MO 63141
(314) 557-2869
Roach Law Car Accident Lawyers – Clayton Office
7733 Forsyth Blvd, Suite 1100
Clayton, MO 63105
(314) 804-4569
