Jeremey developed a nasty skin-eating infection after surgery because the surgeon was too lazy to wash his hands. Alice’s doctor gave her a drug that she’s allergic to despite being aware of her allergies. Such incidents are rare but can have horrific consequences when they happen.
How does medical malpractice differ from negligence? A malpractice lawyer in Charlotte, NC, explains below.
Medical Negligence vs. Malpractice
Medical negligence and malpractice may sound similar, but the key difference is intent. Did the healthcare provider intentionally harm you, or was it an accident? The answer can make a big difference in your case.
What Is Medical Negligence?
Think of medical negligence as simple carelessness. Doctors, nurses, and surgeons don’t intend to hurt patients, but they sometimes make terrible mistakes.
Examples of such mistakes include:
- Giving a patient the wrong medication or an improper dosage
- Failing to diagnose a patient with cancer until it’s too late for treatment
- Forgetting to wash one’s hands before working on a patient
- Not following up with a patient after surgery
What Is Medical Malpractice?
How does medical malpractice differ from negligence? Medical malpractice is rarer than medical negligence. Malpractice occurs when a healthcare professional acts in an intentionally reckless manner. Therefore, compensation for malpractice cases is often higher than for negligence cases.
Examples of medical malpractice include:
- Not asking for consent before performing a procedure
- Giving a patient medication with dangerous side effects without informing them first
- Forcing a baby out of the birth canal, resulting in lifelong disabilities for the infant
- Failing to treat a patient
- Ignoring a patient’s calls for help in the hospital
Can You Sue for Malpractice or Negligence If You Weren’t Injured?
You’re furious at your doctor for making such careless mistakes, and you’d like to hold them liable for their negligence or malpractice. However, you didn’t suffer any injuries because of their actions. Can you sue them?
No. To sue for negligence or malpractice in our state, you must have suffered physical injuries from the provider’s actions. Simple laziness or recklessness isn’t enough.
Damages You Can Recover for Malpractice and Negligence
Each case differs, but you may be able to seek damages for the following:
- Medical expenses paid to treat malpractice-related injuries
- Lost wages if you’re unable to work because of medical negligence
- Pain and suffering
- Emotional distress
- Loss of companionship, consortium, and guidance
- Wrongful death
In rare instances, you might also win punitive damages. Judges award punitive damages for especially egregious cases of medical malpractice. If your doctor made a simple mistake or acted carelessly, the judge probably won’t award you punitive damages.
How Long Do You Have To Sue for Malpractice or Negligence?
In North Carolina, you have three years from the date of your injury to sue for malpractice or negligence. If you don’t discover the cause of your injury immediately, the deadline may extend to four years. Additionally, if you suffered an injury because a surgeon left something inside your body, the deadline can increase to 10 years.
You cannot recover damages if you don’t make a claim by the deadline. It’s wise to hire an attorney as soon as you suspect negligence or malpractice.
How To Win Your Malpractice or Medical Negligence Case
To win a malpractice or negligence case, your lawyer must prove that:
- The healthcare provider had a doctor-patient relationship with you and that they owed you a duty of care.
- The provider breached their duty of care by acting recklessly or maliciously.
- The provider’s actions injured you, and you suffered compensable damages.
Winning malpractice cases can be a serious challenge because hospitals have shark-like teams of lawyers who’ll fight aggressively in court. To improve your chances of winning:
- Request copies of any medical records related to the incident that caused your injuries.
- Keep copies of all injury-related medical bills and proof of time that you had to take off work.
- Keep a journal that outlines how your injuries have affected your life. Your journal might include daily pain levels, records of medical appointments, and activities you struggle with because of your injuries.
- Do not give a recorded statement to the provider’s insurance company, no matter how much they hound you. Giving a recorded statement isn’t necessary and can only hurt your case.
Our Law Firm Will Help You Seek Compensation for Malpractice-Related Injuries
If you are still wondering, “How does medical malpractice differ from negligence?” or have questions about mediation in personal injury cases, call Yale Haymond Law PLLC at (704) 800-HELP for a consultation.
