What is the difference between medical malpractice and medical negligence?

Medical malpractice and medical negligence are both terms that refer to mistakes a healthcare professional makes during treatment of a patient. The difference between the two is subtle, but important to understand when determining if a legal case is warranted. Medical negligence is a broader term that generally describes any kind of mistake or action (or lack thereof) taken by a healthcare professional that causes injury or harm to a patient. This can range from giving wrong medication to failing to order a critical test. Medical malpractice, on the other hand, is a specific type of negligence. It refers to situations where a healthcare provider breaches the recognized “standard of care.” This is the accepted level of care that any professional is expected to follow in order to provide acceptable treatment for a patient. If the healthcare provider falls short of this standard of care, then they may be found to have committed medical malpractice. In Florida, medical malpractice suits must be brought within two years of the date that the alleged malpractice took place. Individuals should also keep in mind that there is a $500,000 cap on non-economic damages, such as emotional distress, in malpractice cases. Medical malpractice and medical negligence are both very serious issues that can have a major impact on a patient’s life. It is important that patients know their rights and understand the difference between the two terms in order to seek legal action as needed.

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