Experiencing harm in the hands of a healthcare provider, either through their acts or their omissions, can feel confusing and unexpected. After all, we entrust them with our health and wellbeing. In legal terms, these harmful outcomes often fall under two main categories: malpractice and negligence. Both carry significant implications, but the differences between them are important to understand.
Understanding Medical Malpractice
Medical malpractice occurs when a healthcare professional deviates from the accepted standards of care in their field, resulting in harm to a patient. This deviation could be due to an act of commission (doing something wrong) or omission (failing to do something). In order to qualify as medical malpractice, three essential elements must be present: a duty of care owed to the patient by the healthcare provider, a breach of this duty, and an injury caused by this breach that resulted in damages.
Grasping Medical Negligence
On the other hand, medical negligence is somewhat different. It involves a healthcare provider failing to meet the required standard of care, but without the intent to cause harm. It implies carelessness or accidental oversight on part of the health provider that lead to patient harm. However, like with malpractice, in order to prove negligence, it must be demonstrated that a healthcare provider’s actions or lack thereof directly caused injury or harm to a patient and resulted in damages.
Spotting the Difference
One of the key differences between these two terms lies in the intent behind the healthcare provider’s action or inaction. In cases of malpractice, the provider knowingly does not meet the standard of care. However, in situations of negligence, there is no such intent. Despite these differences, both can result in severe patient harm and both are actionable in law.
Medical Negligence Lawyers Newcastle
Understanding whether you have a malpractice or a negligence claim can be difficult, as it often involves professionally assessing medical conduct. This is where legal expertise comes into play. In cities like Newcastle, dedicated medical negligence lawyers can review your case and offer invaluable advice. Legal professionals specialising in this field have the knowledge and experience to handle the complexities of these cases, making it a lot easier for affected patients to get the compensation they deserve.
Medical negligence lawyers Newcastle are adept at navigating the intricate legal and medical landscape, ensuring that cases are substantiated with solid evidence. They understand the exact medical and legal thresholds that need to be met for a successful claim, and can guide victims through the stressful process of pursuing justice.
Wrapping Up
Whether you’ve been a victim of medical malpractice or negligence, it’s crucial you seek legal advice to understand what kind of claim you might have. The terms are clearly different, and this difference can greatly influence the course of any legal action you might take. Reach out to specialised law professionals to help you navigate this challenging situation.
In cases where you or a loved one have experienced harm due to medical malpractice or negligence, don’t hesitate to reach out to medical negligence lawyers Newcastle. With their expertise in the field, they can help you seek the justice you deserve.