How Does Medical Malpractice Differ from Negligence?

When it comes to healthcare, both medical malpractice and medical negligence can have life-altering consequences for patients. However, how does medical malpractice differ from negligence? While these terms are often confused, they have distinct legal meanings. Malpractice involves a healthcare provider’s conscious disregard for accepted standards of care, while negligence occurs when a provider makes an unintentional error that leads to harm. Understanding these differences is essential if you are considering filing a claim. Suppose you or a loved one in Ohio believe you’ve been a victim of either. In that case, it’s important to consult a seasoned attorney, such as Dyer, Garofalo, Mann & Schultz, to help you navigate Ohio’s legal system.

What is Medical Malpractice?

This occurs when a healthcare provider knowingly or recklessly fails to meet the standard of care, harming a patient. In other words, it happens when a provider deviates from accepted medical practices, and as a result, the patient suffers an injury or worse. Malpractice is a serious breach, and proving it often requires showing that the provider’s actions were more than just a simple mistake.

Legal Standard for Medical Malpractice

To succeed in a medical malpractice claim, the patient (plaintiff) must prove several key elements:

1. Duty of Care: The healthcare provider had an established obligation of care for the patient, meaning there was a doctor-patient relationship.
2. Breach of Duty: The provider failed to meet the accepted standard of care. This is typically established by comparing their actions to those of a similarly trained medical professional.
3. Causation: The breach of duty caused harm or injury to the patient.
4. Damages: The patient suffered losses due to the injury, such as medical costs, emotional suffering, or lost income.

Expert testimony is almost always required to prove that the healthcare provider’s actions were not just mistakes but a clear deviation from accepted medical standards. Proving medical malpractice can be extremely challenging, if not impossible, without expert testifiers. As the National Institutes of Health noted, qualified witnesses are pivotal in determining the standard of care and assessing whether it was violated in malpractice cases.

Example of Medical Malpractice

A prominent example of medical malpractice might involve a surgeon performing the wrong surgery on a patient. This type of error is not an accidental oversight but a severe divergence from medical protocols that results in significant harm.

What is Medical Negligence?

Medical negligence, in contrast, occurs when a healthcare provider unintentionally fails to offer an acceptable standard of care, resulting in injury. The practitioner did not intend to cause damage in these cases, but their actions or omissions still led to injuries. Unlike medical malpractice, negligence typically involves unintentional mistakes rather than reckless or willful actions.

Medical negligence differs from malpractice because the provider’s actions are not intentional. The patient must still demonstrate that the healthcare professional’s conduct deviated from the accepted standard of care but the error was unintentional.

Legal Standard for Medical Negligence

In these cases, the plaintiff must prove the following key elements:

1. Duty of Care: The health professional was required to provide medical care in line with established standards to ensure patient safety and proper treatment.
2. Breach of Duty: The provider made a mistake or oversight that deviated from accepted medical practices.
3. Causation: The failure to meet the rule of care directly resulted in harm or injury to the patient, linking the healthcare professional’s actions to the negative outcome.
4. Damages: The patient suffered measurable damages, such as physical injury, financial losses, or emotional distress.

Proving negligence can be tricky, mainly because the provider’s error is often subtle—for instance, a missed diagnosis or failure to follow up on test results. Even minor mistakes can result in serious consequences, but the challenge lies in proving that the provider’s actions fell below the standard of care.

Example of Medical Negligence

It might involve a physician failing to order appropriate diagnostic tests for a patient with severe illness symptoms. In such a scenario, the delay in diagnosis could allow the condition to worsen, constituting negligence. While the doctor did not intend harm, their failure to act resulted in injury.

Medical Malpractice vs. Negligence: What’s the Difference?

So, how does medical malpractice differ from negligence? They vary in several key ways, primarily regarding intent and severity. While both involve a breach of duty by the healthcare provider, they are not the same.

1. Intent: The most considerable distinction lies in the level of purpose. Medical malpractice occurs when a healthcare provider willfully or recklessly disregards the standard of care. In contrast, medical negligence happens when the provider makes an unintentional mistake that leads to harm.
2. Standard of Proof: Proving medical malpractice requires showing that the healthcare provider’s actions were deliberate or showed a reckless disregard for the patient’s safety. On the other hand, proving negligence simply involves demonstrating that the provider made an error that a similarly trained professional would not have made under the same circumstances.
3. Severity: Malpractice cases usually involve more threatening care breaches, such as surgical errors or performing a procedure without consent. Conversely, negligence may involve subtler mistakes, such as a failure to diagnose a condition or an incorrect prescription, though both can lead to significant damage.
4. Legal Process: Malpractice claims require more stringent proof, often involving expert testimony to establish that the provider’s actions deviated from acceptable medical practice. Negligence claims, though also serious, might not require the same level of expert testimony, as they can be based on simpler mistakes.

Key Takeaways

• Malpractice involves willful or reckless disregard for the standard of care, while negligence involves unintentional mistakes.
• Malpractice requires proving intent or reckless behavior, while negligence focuses on carelessness or errors.
• Both can result in legal action, but malpractice claims are generally more complex and require expert testimony.

Common Examples of Medical Negligence

These cases can manifest in many ways. Though the provider did not intentionally cause harm, their actions or omissions can still have devastating consequences for the patient. Some common examples include:

1. Misdiagnosis or Delayed Diagnosis: Failure to properly diagnose a patient’s condition can lead to unnecessary suffering and postponed treatment. This is a common form of negligence that can result in significant detriment if not addressed promptly.
2. Prescription Errors: Writing the wrong medicine or dosage is a frequent form of negligence. Medication errors can cause severe health issues, including allergic reactions, organ failure, or even death.
3. Failure to Monitor: Healthcare providers must carefully monitor patients during and after procedures. Neglecting this responsibility can result in preventable complications, such as infections, blood clots, or heart issues.
4. Surgical Errors: These errors can sometimes be considered medical malpractice. Nonetheless, if the mistake was unintentional, it can also be considered negligence. For instance, a surgeon might unintentionally leave a medical instrument inside a patient, which would be regarded as negligent.

These examples demonstrate that even unintentional errors can have grave consequences for patients. If you suspect you’ve been harmed due to medical negligence, consult a lawyer to understand your legal rights.

Can Both Malpractice and Negligence Apply to the Same Incident?

Yes, an incident can involve both, depending on the circumstances. For example, if a professional intentionally ignores a patient’s condition to save costs (malpractice) and makes a mistake while administering treatment (negligence), both legal claims could apply.

Such cases are often more complex and require detailed investigation, including medical records reviews, expert testimony, and a clear understanding of the medical professional’s actions. A skilled attorney can help determine whether your case involves malpractice, negligence, or both.

Steps to File a Medical Malpractice Claim

In Ohio, this process requires several essential points. If you believe you have been harmed by malpractice or negligence, follow these next steps:

1. Consult a Lawyer: First of all, speak with a knowledgeable attorney. The Dyer, Garofalo, Mann & Schultz team specializes in medical malpractice allegations and can help you determine whether you have a case.
2. Collect Medical Records: Gather all relevant medical records, including doctor’s notes, treatment plans, and test results. These documents are essential for proving that the healthcare provider deviated from the standard of care.
3. Get a Medical Evaluation: Many states, including Ohio, require that a medical expert review the case to confirm that malpractice or negligence occurred. This step is essential in proving your statement.
4. File a Complaint: Once you have sufficient evidence, your attorney will help you file a formal accusation against the medical professional or institution.
5. Negotiate or Go to Trial: Many medical malpractice cases are settled out of court through negotiation. If a settlement can’t be reached, the case may proceed to trial, where a judge or jury will determine the outcome.

How Long Do I Have to File a Medical Malpractice Claim in Ohio?

The statute of limitations for filing a medical malpractice claim in Ohio is one year from the date the injury was discovered or reasonably should have been discovered. This timeline is crucial, but there are exceptions and specific rules you should know about, depending on your situation. Here are the main points to consider:

• Discovery Rule: It begins when the injury is discovered or should have been discovered. If the harm isn’t immediately apparent, such as in cases of misdiagnosis or latent injuries, the one-year clock starts when the injury is identified. For example, if a surgical tool was left in your body and you only discovered it months later, your timeline starts from the date of discovery.
• Statute of Repose: This strict four-year deadline bars any claims filed more than four years after the malpractice occurred, regardless of when the injury was discovered. This rule applies unless there is proven fraud or intentional concealment by the health practitioner.
• Special Rules for Minors: For patients under 18, the one-year statute of limitations does not begin until their 18th birthday. This means they have until their 19th birthday to file a claim.
• Exceptions to the Statute of Limitations:
  • Mental Incapacity: If the patient is mentally impaired (e.g., in a coma), the statute of limitations may be extended until they are mentally competent.
  • Foreign Objects Left in the Body: If a foreign object, like a surgical sponge, is left inside you, the one-year clock starts once you discover the object.
  • Fraud or Concealment: If the provider deliberately concealed the malpractice, the statute may be extended.

It’s important to act quickly to preserve your rights. Even if you believe your case fits an exception, consult an attorney immediately to avoid missing critical deadlines.

Don’t Let Medical Negligence Ruin Your Life

Have you or a loved one fallen victim to medical malpractice or negligence in Ohio? Don’t suffer in silence. Contact Dyer, Garofalo, Mann & Schultz today at 1.937.222.2222 for a free consultation. Our experienced attorneys are dedicated to assisting you to seek justice and compensation for your injuries and losses.

Doug Mann

Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.

• Super Lawyers Credentials
• Avvo Credentials
• Justia Credentials
• Facebook
• Twitter
• LinkedIn 
• YouTube