Medical Negligence vs Malpractice: What’s the Difference?

Situations involving medical mistakes and errors are some of the most complex personal injury cases because they are so fact-dependent. When an individual gets hurt due to the actions of a medical practitioner, it can be challenging to understand your legal rights and where to go for help since medical negligence versus medical malpractice are two distinct concepts.

Learning the differences between these concepts puts you in a better place to understand your legal options for holding careless medical practitioners accountable for their actions and recovering the compensation you deserve.

Medical Malpractice Versus Medical Negligence

Medical malpractice and medical negligence are types of personal injury cases. However, there is an essential distinction between them.

Medical malpractice occurs when a physician or medical professional knowingly fails to uphold the medically acceptable standard of care and harms the patient. One of the most crucial questions that helps people understand medical malpractice is whether a similarly trained and experienced medical professional would provide the same care under the same circumstances. When the answer is no, medical malpractice may be at play.

Medical negligence is similar in that a medical professional disregards the basic acceptable standard of medical care, except the conduct was unintentional or the practitioner unknowingly made an error that caused the patient harm.

The significant difference between malpractice and negligence is the intent behind the care given to a patient. Unintentional mistakes, ignorance, or inaction lead to negligence-based claims, while intentional deviation from the accepted standard of care leads to malpractice.

Examples of Medical Negligence and Malpractice

The distinction between medical malpractice and negligence may seem simple enough, but these personal injury cases can be complicated in practice. Some of the most common examples of medical negligence and malpractice cases include:

• Misdiagnosis
• Delayed diagnosis
• Failure to diagnose
• Failure to treat
• Surgical errors
• Anesthesia errors
• Medication errors
• Prescription drug errors
• Unnecessary surgeries or treatments
• Laboratory errors
• Unsafe surgical procedures or techniques
• Unsafe healthcare practices
• Procedural errors

Why are the examples lumped together if malpractice and negligence are two separate issues? It’s because of intent. If a physician or medical professional makes a mathematical error and gives a patient the wrong dose of medication, which causes them harm, that is an example of negligence. The error was unintentional. However, if a medical professional reviews a patient’s medical records and knows a particular medication has caused significant side effects and harmful risks but prescribes it for the patient anyway, that could be malpractice.

Both are examples of medication errors, but one was intentional, while the other one was a mistake. Again, the medical professional’s intention is key to understanding whether an error falls under negligence or malpractice.

Who Can Be Held Liable for Medical Malpractice and Negligence in Florida?

Physicians are not the only medical practitioners that can be liable for medical errors. In Florida, several parties can potentially be responsible for an intentional or unintentional medical mistake, such as:

• Doctors
• Surgeons
• Nurses
• Nurse practitioners
• Pediatricians
• Specialists
• Doctor’s offices
• Hospitals
• Medical facilities

Working with an experienced Florida medical malpractice attorney is the best way to uncover whether one or more parties may be liable for your injuries.

Compensation for Medical Negligence

Like other personal injury cases in Florida, individuals harmed by the actions of a medical provider can seek compensation for their injuries and losses. In general, an individual can seek money for medical expenses, lost wages, and a loss of earning capacity. These are considered economic damages, which are measurable losses.

However, Florida law limits an individual’s compensation for non-economic losses, which are subjective quality of life losses like pain and suffering or emotional distress. In medical negligence cases, non-economic damages are capped at $500,000. If the medical error results in a permanent vegetative state or death, non-economic damages are limited to $1 million.

The court may also award punitive damages to a victim in medical malpractice cases. This compensation does not cover a patient’s losses. It is a financial punishment against the practitioner for intentional or malicious conduct or gross negligence.

Due to the complexity of medical negligence cases, consult a Florida medical malpractice attorney who can review your situation’s unique aspects and calculate your case’s value. Several factors impact compensation, including the Florida non-economic damages cap, so it is best to allow an attorney to evaluate your case before accepting compensation from an insurer or other third party.

Florida Statute of Limitations

A personal injury lawsuit may be the best way to pursue maximum compensation for a patient’s injuries. However, Florida law limits your filing time to two years from the date of injury or when you reasonably discovered the injury.

There are some exceptions to this rule. If the medical practitioner covered up the incident or intentionally concealed their actions, committing fraud or concealment, that can extend your time to file a case. Cases involving minors may also follow a different timetable since birth injuries from negligence may not be apparent until a child ages or misses significant milestones.

Your best course of action is to speak with an attorney as soon as possible. Not only can an attorney help manage strict legal deadlines, but the sooner you have an advocate on your side, the higher the chances your attorney can secure valuable evidence to support your case before it is lost or destroyed.

Discuss Your Situation with a Florida Medical Malpractice Lawyer Now

It can be frightening to think that the one person looking out for your physical health and well-being is the one person who injured you. At Schuler, Weisser, Zoeller, Overbeck & Baxter P.A., we advocate for injured patients and help them recover the compensation they deserve after a medical error. For 40 years, we’ve protected Florida accident victims’ rights and fought against the aggressive tactics of healthcare insurers and other entities.

Call our office at (561) 689-8180 or contact us online to arrange a free consultation and get the legal guidance and support you need to navigate this challenging time.