The difference between medical malpractice and medical negligence is as follows:
- Medical malpractice is a type of personal injury lawsuit that goes against a doctor or healthcare provider.
- Medical negligence is a negligent action taken by a doctor or healthcare provider that falls below the standard practiced by other medical professionals.
If you were injured by an act of medical negligence, you may be able to file a medical malpractice lawsuit against the responsible party. A lawyer may be able to manage all aspects of your medical malpractice case when they represent you.
Various Parties Can Commit Medical Negligence
When some people hear the phrase medical negligence, they may just think in terms of doctors. However, other types of healthcare professionals can also take negligent actions that could harm their patients. These professionals may include:
- Hospital employees
In some cases, the negligence of a hospital or health care facility’s administration may injure a patient as well.
No matter whose medical negligence caused your injuries, the responsible party may be liable for your damages in a medical malpractice lawsuit.
Working with a Lawyer on Your Medical Malpractice Case
Many people may receive medical, dental, or other health care at some point in their life that they are not happy with. However, dissatisfaction alone does not form the basis of a medical malpractice claim.
Instead, a medical malpractice claim typically requires proof of medical negligence. This proof may need to come in the form of medical expert testimony that your provider performed below a reasonable medical standard and that another, similarly trained professional in the same situation would have likely taken different actions.
A lawyer in your area may be able to help you show how the injuries you sustained were related to medical negligence. Your lawyer may work to do this by:
- Consulting doctors and other medical experts who can establish the validity of your claim
- Interviewing hospital or clinic personnel to uncover the cause of your injuries
- Reading and reviewing your medical records to demonstrate the extent and cost of your injuries
- Using your medical records to establish your potential need for ongoing care in the future
Potentially Recoverable Damages in a Medical Malpractice Case
If you or your lawyer are able to establish the responsible party’s liability for your injuries, you may be able to recover compensation for your damages.
In general, the following damages may be available in a medical malpractice lawsuit:
- Current and future medical care costs
- Lost wages for the time you missed at work due to your injuries
- Reduced earning capability
- Pain and suffering caused by your injuries
- Mental anguish
Tragically, medical negligence can also have fatal consequences. If your loved one lost their life due to medical negligence, a different set of damages may be available to you in a wrongful death case. These damages may include:
- Funeral and burial costs
- Pre-death medical care
- Pain and suffering experienced by the decedent prior to death
- Loss of guidance
The Deadline to File a Medical Malpractice Lawsuit in New York
According to New York Civil Practice Law & Rules (CVP) §214-A, there is a general statute of limitations on medical malpractice lawsuits of two years and six months. There are some exceptions to this rule, so you may want to consult with a law firm that handles wrongful death lawsuits for details on what specific deadlines pertain to your case.
If you are filing a wrongful death lawsuit, New York Estates, Powers & Trusts (EPT) §5-4.1 sets a general two-year statute of limitations from the date of your loved one’s death.
Failing to meet the filing deadline in your case could put your lawsuit at risk of immediate dismissal, which could mean the at-fault party may no longer be compelled to compensate you.
Call Morelli Law Firm Today
If you believe that medical negligence was the cause of your injuries, Morelli Law Firm may be able to help you. We represent clients in medical malpractice and wrongful death lawsuits in New York City, on Long Island, and in New York State up to Albany.
For a free consultation on your case with a member of our team, call Morelli Law Firm today at (212) 751-9800. We may be able to answer your questions and provide you with further clarification on the difference between medical malpractice and medical negligence during this call.