Note: Sarah’s stories are fictional scenarios presented to help illustrate the difference between medical malpractice and negligence.
Introduction
If you or a loved one has been harmed by a healthcare provider, understanding medical malpractice and how it includes various forms of negligence can help you know the best course of action.
Medical malpractice is a legal term for the failure of a healthcare provider to meet the professional standard of care, leading to harm. Within malpractice cases, negligence often involves unintentional harm due to an error or oversight by the provider.
Knowing these distinctions can make a significant difference in understanding your rights, whether you’re dealing with direct malpractice or a case involving negligent care. Malpractice claims can be complex, but they exist to help you recover compensation for things like lost wages, medical costs, and pain and suffering.
Here’s what to know about malpractice, negligence, and how they affect your potential legal options.
Understanding medical malpractice
Medical malpractice occurs when a healthcare provider or institution does not meet the professional standard of care, causing patient harm. This standard applies to doctors, nurses, surgeons, pharmacists, and other healthcare professionals.
Malpractice claims can involve many types of harm, from surgical mistakes to medication errors, and negligence often plays a significant role in these cases.
Within malpractice, negligence is just one possible way harm can occur. Not all malpractice cases involve intentional harm; in many cases, they result from accidents or mistakes.
Below are some key types of malpractice, including negligence:
- Negligence – Often involves accidental mistakes, such as a misdiagnosis or medication error, made without intent to harm.
- Gross Negligence – Represents a more serious form of negligence, such as ignoring critical patient information or failing to follow basic safety standards.
- Intentional Malpractice – Involves a reckless disregard for patient safety, such as performing a procedure while impaired by alcohol or drugs.
And some of the most common types of malpractice include the following:
- Bed Sores
- Falls
- Sepsis
- Short Staffing
Differences between negligence and other forms of malpractice
In a legal context, the main difference between negligence and other types of malpractice often comes down to intent and awareness. Here are some distinctions to help clarify how negligence differs from other forms of malpractice:
Intentional vs. unintentional
- Negligence: Unintentional error that causes harm, typically due to a lack of attention or understanding.
- Intentional malpractice: A provider makes a conscious decision that leads to harm, such as disregarding a known risk.
Severity and consequences
- Negligence is often seen as less severe than gross negligence or intentional malpractice, though the harm to the patient can still be substantial.
- Intentional malpractice can lead to criminal charges in addition to civil lawsuits, while negligence usually results only in civil claims.
Complexity and resolution time
- Malpractice cases involving intent, like gross negligence or intentional harm, may require a longer time to resolve due to their complexity and the evidence required.
- Simple negligence claims, while still potentially serious, often settle faster if the error is clear-cut and the provider admits fault.
Meet Sarah
To better understand the differences, here are examples of negligence and other types of malpractice scenarios that can help illustrate these distinctions:
Negligence
Imagine Sarah, a patient who goes in for a routine procedure. Her doctor follows the usual protocol but accidentally prescribes a medication that causes an allergic reaction. This was a mistake with no intent to harm Sarah, but it breached her provider’s duty of care and caused her harm. Sarah’s claim would likely fall under negligence.
Gross Negligence
Now consider a doctor who, despite knowing that Sarah has a documented allergy to a specific drug, prescribes it anyway without checking her records. This disregard for patient safety could be considered gross negligence since the provider knowingly ignored critical information.
Intentional Malpractice
For a case of intentional malpractice, let’s say a surgeon decides to perform surgery after consuming alcohol. During the procedure, the surgeon’s impaired motor function results in an error that injures the patient. This decision to operate while impaired indicates intent, qualifying it as a serious form of malpractice.
Similarities between negligence and malpractice claims
Despite these distinctions, negligence and other malpractice cases share several fundamental similarities. For any malpractice claim, whether involving negligence or intent, your personal injury lawyer will generally need to establish four core elements:
- Duty of care: The healthcare provider owed you a legal duty to provide proper care.
- Breach of duty: The provider failed to meet the standard of care expected.
- Causation: This breach directly caused your injury.
- Damages: You suffered actual damages, such as medical expenses, lost wages, or pain and suffering.
Legal rights and actions
In both cases, the legal action aims to seek compensation for medical expenses, lost income, pain and suffering, and other damages. An experienced personal injury attorney can guide you through this process, helping you understand your rights, gather evidence, and build a compelling case.
One major difference in pursuing a negligence versus intentional malpractice claim is the potential damages available.
In cases of intentional harm or gross negligence, courts may award higher damages, especially if the case involves punitive damages, which are meant to punish the provider and deter similar behavior.
Conclusion
Understanding these nuances helps clarify your legal options, whether dealing with a case of negligence or more severe malpractice. The Law Offices of Craig L. Cook are experienced in handling all types of medical malpractice claims, including those involving negligence, gross negligence, and intent, in Arkansas and Oklahoma.
If you or a loved one has been affected by medical malpractice, don’t hesitate to reach out. A free consultation can help you get the information you need to make an informed decision about your next steps.
Contact us today at 479-783-8000 to learn more about your options and rights.
