What distinguishes a medical error from negligence, and why is this distinction critical in medical malpractice cases?
Medical malpractice is defined as an act of negligence or omission by a healthcare professional during the treatment of patient that deviates from the standards of the profession and causes an injury to the patient.
A medical error is similar to medical malpractice. It happens when a patient is harmed because the healthcare professional made an error. The difference between an error and malpractice is whether the error was caused by the lack of recognized standard of care.
For example, a doctor misdiagnoses a patient as having cancer but never ran any tests to confirm. The patient has to undergo severe treatments and an unnecessary surgery only to learn the cancer was never there. This is medical malpractice. However, if the doctor misdiagnosis the patient after reading the labs incorrectly then later checks with a colleague to learn of their mistake, this is considered a medical error.
In the context of medical malpractice litigation, the distinction between carelessness and a medical error is nuanced but important. There must be convincing proof that patient injury resulted from carelessness in order for legal action to be justified. Having a medical malpractice lawyer on your side is invaluable. Call Munley Law today for a free consultation.
