New York Malpractice & Injury Lawyer Blog
Certain laws and regulations have been created to keep people safe when they receive medical care. Unfortunately, even with regulations, people can get hurt. This is the case when a doctor performs his or her duties in a negligent manner. Many people who have experienced negligence believe that they have a malpractice case. Some do and some do not. Negligence is not always malpractice and vice versa. Here is the difference between the two.
When first considered, medical malpractice and negligence appear as though they could be in a category together. When looked at more closely, they are very different. Medical malpractice is a category of negligence. In other words, negligence is of a broader scope than malpractice. The difference between negligence and malpractice is, ultimately, intent.
Let’s look at an example:
Your doctor fails to warn you of a risk involved with a potential treatment. This is negligence. On the other hand, your doctor fails to provide an accepted standard of care and you are seriously injured. This is medical malpractice. While you can certainly sue a doctor for negligence that leads to injury, medical malpractice has a much narrower scope.
The best way to determine if you are looking at a case of negligence or malpractice is to consult an attorney. A lawyer experienced in medical malpractice cases can review the details of your specific case and tell you which you are dealing with. You may or may not have a legal right to compensation; your attorney can advise you of this.
If you believe that you have been injured at the hands of a doctor and are not sure you have a case, please call our offices. Our experienced team of medical malpractice lawyers will review the details of your case and advise you of your options. Please call today or browse our website for more information about our firm and how we can assist you.