Have you or a loved one been harmed while under medical care? It’s a scary situation, and you probably have a lot of questions. You might be wondering if you have a case for medical malpractice. But what exactly is medical malpractice, and how is it different from general negligence?

Both medical malpractice and general negligence involve a failure to meet a standard of care, but they have distinct legal meanings. Understanding the difference can significantly impact your ability to seek compensation for your injuries.

So, what sets medical malpractice apart from general negligence? Let our knowledgeable personal injury attorney in Michigan explain medical malpractice vs negligence to help you better understand your legal rights and options and ensure you pursue the right type of personal injury claim.

Defining Medical Malpractice

Medical malpractice occurs when a healthcare professional, such as a doctor or nurse, fails to provide the standard of care that a reasonably competent professional would have provided under similar circumstances, resulting in harm to the patient. 

In Michigan, you need to establish several key elements to prove a medical malpractice case, which include:

• • Duty of Care

The healthcare professional owed you a duty of care, meaning the professional was obligated to treat you according to the accepted medical standards.

• • Breach of Duty

The healthcare professional breached this duty by acting in a way that a competent professional would not have, which can involve errors in diagnosis, treatment, or aftercare.

• • Causation

The breach of duty directly caused your injury, which often requires expert testimony to demonstrate how the healthcare professional’s negligence led to your harm.

• • Damages

You suffered actual damages due to the breach. These damages can be physical, emotional, or financial, such as medical bills, pain and suffering, or lost wages.

To clearly illustrate medical malpractice, here are some examples:

• • Misdiagnosis – failing to diagnose a serious illness, resulting in a lack of timely treatment and worsening of the condition
  • Surgical Errors – performing surgery on the wrong body part or leaving surgical instruments inside the patient
  • Medication Errors – prescribing the wrong medication or dosage, resulting in serious adverse effects
  • Birth Injuries – negligent prenatal care or errors during delivery causing harm to the mother or child

If you believe you have a potential medical malpractice case, consulting with a local personal injury attorney in Michigan can provide you with guidance on the next steps to take.

Understanding General Negligence in Healthcare (Medical Negligence)

Negligence in the context of healthcare refers to situations where a healthcare professional fails to provide reasonable care expected in the medical community, but the action or inaction that caused the harm does not involve the misconduct or intent required to classify it as medical malpractice.

For instance, a nurse fails to provide adequate supervision to a patient, resulting in a fall and injuries. Though it does not meet the criteria for medical malpractice, it’s a clear case of negligence, and the healthcare professional can be held liable. The victim still needs to prove that the professional was negligent, but the evidentiary requirements are generally less stringent than in malpractice cases.

Legal Ramifications and Burden of Proof

In cases of medical malpractice, healthcare professionals can face serious legal consequences, including:

• • Civil Lawsuits

Patients who suffer harm due to medical malpractice have the right to pursue civil lawsuits against the responsible parties, seeking compensation for damages.

• • Professional Discipline

Healthcare professionals found guilty of medical malpractice might face disciplinary action from their licensing boards, which can result in suspension or revocation of their licenses to practice.

• • Criminal Charges

In extreme cases of gross negligence or recklessness, healthcare professionals can face criminal charges, especially if their actions result in patient death or serious injury.

The burden of proof in medical malpractice cases is typically higher than in general negligence cases. Proving medical malpractice often requires you to present testimony from medical experts to establish the standard of care and how it was breached.

For medical negligence, the focus is on whether the healthcare professional acted as a reasonable person would under similar circumstances. While expert testimony can be helpful, it’s not always necessary. Such cases rely more on common knowledge and general expectations. The consequences can still be serious but don’t carry the same weight as malpractice cases. 

Implications for Compensation

The legal system approaches medical malpractice and negligence cases differently, which can impact the compensation you receive as an injured party. Medical malpractice cases, for instance, often involve detailed investigations and lengthy court processes due to the need for expert testimonies and the complexity of medical standards. 

Successful claims can result in substantial compensation, reflecting the serious impact of professional breaches on patients’ lives. In Michigan, the total amount of damages for noneconomic loss in a medical malpractice claim is generally capped at $280,000. However, if the negligence results in specific severe outcomes, the cap can increase to $500,000.

General negligence cases in healthcare, on the other hand, might be resolved more quickly and with less complexity, focusing on straightforward evidence of unreasonable behavior. The compensation can still be significant but might not reach the levels seen in malpractice cases, especially if the harm is less severe.

Don’t Let Their Mistakes Ruin Your Life

Dealing with the aftermath of medical malpractice or negligence can be overwhelming. You might be facing physical pain, emotional distress, and mounting medical bills. The legal process can seem daunting, but you don’t have to face it alone. Let Shafer Swartz PLC help you.

Our competent personal injury attorneys in Michigan are here to fight for your rights and secure the compensation you’re entitled to for your injuries. We’ll work tirelessly to build a strong case on your behalf, ensuring you get the justice you rightfully deserve.

So, if you or a loved one has been harmed due to a healthcare professional’s negligence, don’t let their mistakes ruin your life. Call us today at (231) 722-2444 or reach out to us here to schedule a consultation and let us handle your claim.