What Is the Difference Between Medical Malpractice and Negligence?

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The difference between medical malpractice and negligence can be complex. With malpractice, professional negligence is what causes harm. Medical negligence is an essential part of establishing a malpractice case, but not all negligence cases qualify as malpractice.

Both occur when a professional violates the standard of care, which means they acted in an unreasonable manner for their field and skill level. For example, if a doctor fails to diagnose cancer by deciding to forgo diagnostic tests other doctors would have ordered under the same circumstances, this could be malpractice.

What is the Average Payout for Medical Negligence?

The injured patient must show the provider was negligent by failing to deliver proper standards of care, causing harm and damages such as:

  • Past and future medical bills
  • Rehabilitation costs
  • Lost income and other bonuses and benefits
  • Compensation for any impact on future earning capacity
  • Disability, scarring, or disfigurement
  • Pain and suffering
  • Funeral and other expenses in the event of wrongful death

Compensation is awarded on a case-by-case basis and will essentially be dependent on the extent of your injury or illness and the circumstances of your case. However, taking legal action can be stressful and time-consuming. In addition, litigation can be technical and complex, requiring in-depth knowledge of both medical and legal sectors.

Our lawyers can help you calculate your losses based on a careful and thorough analysis of your case facts and evidence. This enables us to calculate a settlement figure reflecting the full extent of your injury or illness, considering any expenses you may incur in the future as part of your ongoing care.

Other Services our Attorneys Provide

Our attorneys have a proven track record of litigating high-value settlements, having recovered millions of dollars of compensation for our clients. We believe choosing the right lawyer at the start of a personal injury case is vital to the outcome of your claim and securing a fair settlement.

We are proud to be highly rated by our clients by providing the following services:

  • Conducting a thorough investigation into the cause of injury or illness
  • Working with medical experts and retaining expert witnesses
  • Gathering and analyzing medical records and other supporting case evidence
  • Calculating the value of past and future expenses
  • Negotiating for a fair settlement and review offers
  • Representing clients at court, where required

By taking the time to understand the unique challenges you face at this difficult time, we can tailor our resources and knowledge to suit your specific requirements. Further, we offer a free initial case review to determine your legal options and provide our legal services on a no-win, no-fee basis.

Types of Medical Negligence and Malpractice that could Entitle You to Damages

According to a study by Johns Hopkins Medicine, medical errors are the third leading cause of death in the United States. This form of negligence causes over 250,000 deaths annually and countless other injuries.

Common causes of malpractice and negligence lawsuits can include:

  • Misdiagnosis or failure to diagnose
  • Unnecessary or incorrect surgery
  • Birth injuries
  • Failure to order appropriate tests or act on results
  • Prescribing the wrong dose or type of medication
  • Leaving foreign objects left inside a patient’s body during surgery
  • Operating on the wrong part of the body
  • Serious infections acquired in a hospital
  • Premature discharge from hospital
  • Wrongful death

Proving Negligence in a Medical Malpractice Case

Being injured through negligence can be a harrowing and stressful experience. However, our team can help you prove the cornerstones of a successful lawsuit by:

  • Establishing a duty of care
  • Proving there was a breach in your provider’s duty of care
  • Establishing your condition was the result of negligence
  • Demonstrating you have physical, emotional, or financial damages as a result

Let our team help you understand medical malpractice and negligence. We can tell you about how these differences can impact your case and your ability to seek compensation.

Chicago Laws that could affect Your Right to Compensation

As medical negligence lawsuits can be complex, it can be beneficial to seek legal representation as soon as possible. Building a strong case takes time. Additionally, constraints implemented under state law per 735 ILCS 5/13-202 require injured parties to file within two years, usually.

Your lawyer will be familiar with the many intricacies involved with your legal case. Let them explore your options and explain how your case will work.

Proud to be highly rated by our Clients, our Attorneys are here for You too

If you believe you were harmed while receiving medical care, our lawyers can help determine if you have grounds for a medical malpractice lawsuit. The responsive team at The Kryder Law Group, LLC cares what happened to you.

We want to help you seek the compensation necessary to get your life back on track. To find out more about the subtle difference between medical malpractice and negligence and your eligibility for compensation, call today.

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Medical malpractice and negligence can both be hard to prove. An attorney can help you build a stronger case.

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