What is the difference between a medical malpractice claim and a negligence claim?

The difference between a medical malpractice claim and a negligence claim is based on the type of harm suffered. A medical malpractice claim is a type of lawsuit that may be filed following a medical error, negligence, or inappropriate treatment by a healthcare professional. Negligence claims are broader and can involve a variety of acts (or failures to act) on the part of an individual, business, or other entity that results in harm to another person. Medical malpractice claims are typically based on a healthcare provider’s failure to provide the standard of care that any other reasonable doctor or healthcare professional would in the same circumstances. Negligence claims, on the other hand, can arise from a variety of situations outside of the medical field. These claims are based on a failure to take reasonable steps to protect someone from foreseeable risks or harm. In California, medical malpractice claims must be filed within three years after the date of the medical or dental malpractice or within one year of the time the plaintiff discovers the injury or reasonably should have discovered the injury. Claims for negligence have a two-year statute of limitations. Overall, medical malpractice claims hold medical professionals responsible for mistakes made in their diagnosis or treatment of patients, while negligence claims can result from a variety of actions by any individual or entity. Both are civil claims and require a plaintiff to prove that the defendant’s actions or inaction were the cause of the harm to the plaintiff.

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What is the difference between a medical malpractice claim and a negligence claim?

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