What is the difference between medical malpractice and medical negligence?
Medical malpractice and medical negligence are related legal concepts, though they are important distinctions. Medical malpractice is defined as a failure to exercise the same level of care that a physician with ordinary skill and knowledge would use in a similar situation. This means that if a doctor fails to provide the same standard of care that another doctor of a similar specialty would, and the patient is harmed, the doctor can be held liable for medical malpractice. Medical negligence is defined as a failure to meet the accepted standard of care in the medical profession. This means that if a doctor fails to provide the care that is expected from a doctor with the same level of skill and knowledge, and the patient is harmed, the doctor can be held responsible for medical negligence. So, the main difference between medical malpractice and medical negligence is that medical malpractice holds a doctor liable for failing to provide the same standard of care as any other doctor of a similar specialty, while medical negligence holds a doctor liable for failing to provide the care that is expected from a doctor with the same level of skill and knowledge. In California, the statute of limitations for medical malpractice and medical negligence claims is one year from the date of injury, or three years from the date the injury was discovered, whichever is earlier. Any medical malpractice or medical negligence claim must be filed within this time frame in order to be valid.
Related FAQs
What is the difference between economic and non-economic damages in a medical malpractice case?What is the importance of having an experienced medical malpractice attorney?
What do I need to know about affirming the medical malpractice claim in court?
What do I need to know about settling a medical malpractice claim?
What are the differences between a medical malpractice claim and a products liability claim?
What type of damages are available in a medical malpractice claim?
What are the elements of damages in a medical malpractice claim?
What type of expert testimony is necessary in a medical malpractice case?
What type of records are needed in a medical malpractice case?
What type of expert witness testimony is necessary in a medical malpractice case?
Related Blog Posts
An Overview of Medical Malpractice Law - July 31, 2023Requirements for a Medical Malpractice Case - August 7, 2023
Statute of Limitations for Medical Malpractice Lawsuits - August 14, 2023
Understanding Affidavits of Merit in Medical Malpractice Law - August 21, 2023
Preparing for a Medical Malpractice Jury Trial - August 28, 2023