The Difference Between Medical Negligence and Malpractice

According to studies from Johns Hopkins, up to 250,000 fatalities occur nationwide each year due to medical errors. Many more people experienced diseases or injuries as a result of medical errors.

A person should be able to receive compensation for their losses whenever they suffer an illness or damage brought on by the malpractice of a medical expert. 

Here, we want to examine whether medical malpractice and medical negligence are different in Oregon. We also want to discuss how people might begin the claims procedure if a medical mistake causes them harm.

Medical Malpractice and Negligence: Understanding the Issues

When someone suffers an illness or injury brought on by a medical professional’s careless or negligent activities, they will file a “medical malpractice” case. To appreciate the distinction between the two terms, we must be clear that medical malpractice claims result from medical carelessness. There may be an overlap between these two concepts.

In Oregon and the rest of the Pacific Northwest, there are many different ways that medical malpractice can cause injury to people. The following situations are some of the most frequent ones where medical malpractice claims are made:

  • a missed diagnosis
  • a false positive
  • prescribing the incorrect drug
  • giving a drug in the wrong dosage
  • No medical history of the patient is taken.
  • Anaesthesia or surgical error not followed up on with testing
  • There is no patient follow-up after a procedure.

It is evident that this list is not comprehensive of all the medical errors that can seriously injure patients. Contact a Salem personal injury lawyer immediately if you believe a medical professional’s activities contributed to your or a loved one’s illness or damage.

Malpractice in Medicine: Four Elements

There are four distinct components that a lawyer must convince the insurance company or a jury in a medical malpractice lawsuit for a medical malpractice claim to be successful:

Duty. The first stage is demonstrating that a duty of care was established between the person who suffered the accident or illness and the medical provider.

Breach. The doctor-patient relationship must first be established, and then it must be demonstrated that the doctor somehow went beyond standard treatment. This would imply a duty of care violation.

Causation. It will need to be proven that the medical professional’s breach of duty led to the person’s damage or illness after it has been established that the standard of care was insufficient.

Damages. Insurance companies or juries must also prove the patient’s financial loss due to the medical provider’s negligence.

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