Before you seek medical care, you are probably in a bad condition affecting your life in one way or another. The main aim of going to the hospital is to get better. However, it is not always that you will get the results you expect.
Like everyone else, doctors are also human, and mistakes could happen. These mistakes can result in minor, serious, or even fatal injuries. While it could be an honest mistake or accident in some cases, in others, it is out of negligence.
It is important to understand the terms related to medical malpractice to help you in case a healthcare provider intentionally endangers your life. You could sue them and get compensation for the harm caused, but you need to get the claim right.
A good Connecticut malpractice attorney will help you determine the best cause of action. However, it is important to understand the two terms so that you can prepare adequately for the representation of either. Let us look at each term and what it means.
Medical Negligence
Medical negligence is when a healthcare professional does something or makes a decision that causes harm to a patient unintentionally. It is considered an accident, but because the doctor is the one who made that mistake, they can be held liable for the harm caused. To prove medical negligence in a court of law, a Connecticut malpractice attorney must provide proof that:
- It is the legal duty of the person or entity to keep you safe;
- that they have disobeyed that obligation;
- that the violation of that duty resulted in your harm;
- Your injuries are a result of the breach.
Medical Malpractice
Medical malpractice is a more serious charge than medical negligence. That is because malpractice claims try to prove that the accident caused was intentional. It means that the healthcare professional knew the consequences of their actions even before committing the mistake and still went ahead and did it.
Their failure to follow the protocols and proper guidelines led to a fatal or severe injury that has now affected the patient. You need a knowledgeable Connecticut malpractice attorney to help you prove that.
Factors Considered Before Classifying A Medical Mistake
It is not easy to just classify an action as negligence or malpractice. You will find the words being used interchangeably in some cases. It is, however, necessary to classify a mistake as either to help you get the settlement you deserve.
Your Connecticut malpractice attorney can help you determine that using the facts and evidence of the case. Here are the factors to use to identify the correct label for the mistake.
- Actions leading up to the mistake
- Did the healthcare professional know the consequences before making the decision?
- Were any protocols ignored?
- Was it an attempt to give the best treatment possible?
- Was it an honest mistake?
Conclusion
From the explanations above, you can see that negligence is when an accident happens without necessarily being intentional. However, the doctor bears the burden because it is their duty to keep you safe while under their care.
Malpractice, on the other hand, involves committing a mistake knowingly, especially when ignoring the set guidelines and protocols. An excellent Connecticut malpractice attorney will help you understand the terms further.