What Is the Difference Between Medical Malpractice and Medical Negligence?

Posted on January 02, 2015 by Shapiro Law Group

Robert Dumigan of Florida will be allowed to sue his doctors for medical negligence after their treatment led to a severe bacterial infection. The infection cost Dumigan a leg and a foot, and the medicine the hospital administered to him was supposed to have been recalled by the manufacturer due to contamination.

The hospital, Holmes Regional Medical Center, tried to have the lawsuit classified as medical malpractice, as this would have led to its immediate dismissal on the grounds that Dumigan did not meet the legal requirements to file for medical malpractice. Instead, the courts ruled in Dumigan’s favor and allowed the suit to progress as a medical negligence suit.

medical error

While medical malpractice and medical negligence seem similar, they actually are quite different. Malpractice is always negligence, but not every case of negligence constitutes medical malpractice.

The defining word separating these two terms is intent. Medical negligence is essentially a doctor’s inaction to treat a patient, and often comes without intent. Medical malpractice, on the other hand, assumes an intent to harm. Where a negligent doctor might fail to do something they should have done to treat a patient, the doctor committing malpractice would choose to perform their duties in a way that causes harm, usually to save time or make money.

A Doctor’s Treatment Has Caused Me Long-Term Suffering. What Can I Do?

If you have been injured by a doctor’s inadequate medical services, it would benefit you to seek out a competent and experienced medical malpractice attorney. The Tampa Bay lawyers at the Shapiro Law Group have over 30 years of experience representing victims of medical malpractice in an ever-changing healthcare field. Contact us online or at (800) 258-HELP to schedule a free case evaluation.

Shapiro Law GroupMedical Malpractice Attorneys Serving the Tampa Bay Area

Source: http://miami.cbslocal.com/2014/12/12/hospital-loses-appeal-in-contaminated-drug-case/


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