What is the difference between Medical Malpractice and Medical Negligence?

What is the difference between Medical Malpractice and Medical Negligence?

We are often asked whether there is any difference between medical malpractice and medical negligence. The short answer is, no. The terms are largely interchangeable. The prefix “mal” is Latin for bad or evil. Accordingly, malpractice generally refers to the conduct of a professional, such as a doctor, lawyer, or accountant, that does not meet industry standards. Ultimately, doctors, surgeons, nurses, and others employed in providing healthcare are licensed professionals mandated to deliver their services bound by a duty of care before, during and after treatment. While many variables and outcomes can arise during healthcare services, where there is a breach of duty of care, patients can be exposed to personal injury. This is what is referred to as medical negligence. In such cases, you may be entitled to claim medical negligence compensation from the treating healthcare professional who has breached their duty of care and caused injury, loss, or damage.

What is medical negligence?

A medical negligence claim involves prosecuting proceedings against a healthcare professional whose treatment does not accord with peer professional opinion. Medical Negligence law invariably results from a failure to maintain high standards and to take the appropriate measures to prevent patient harm. In such events, the patient can suffer short- and long-term injury, loss, or damage due to the healthcare professional’s failings. Therefore, there is little meaningful difference between medical malpractice and medical negligence. In fact, medical negligence cannot be established without medical malpractice.

Examples of medical negligence claims can include:

• Delayed of misdiagnosis

• Avoidable surgical mistakes

• Failure to collect informed consent for treatments

• Post-surgical infections

• Medication errors

• Lacking treatment from absent or inappropriate referrals

• Side effects or permanent damage from cosmetic or plastic surgery

• Birth trauma

Who can submit a medical negligence claim?

Anyone can bring a medical negligence case. If the patient cannot raise the issue themselves — their condition does not allow them to, or they are a minor — their parent, guardian or a close family member or friend can bring the proceedings on their behalf.

Choose Brydens Lawyers to prosecute your medical malpractice or negligence​ claim

Brydens Lawyers are the experts in the prosecution of all medical negligence claims. Strict time limits apply to the prosecution of such claims, and in the event that you or anyone you know has any concerns with the treatment you have received, which has resulted in injury, loss or damage, then contact Brydens Lawyers without delay on 1800 848 848.

We understand that navigating legal matters can feel complex and confusing, so if you are unsure whether you have a case or are unsatisfied with how your previous legal representative has handled your claim, do not hesitate to contact us. For personal injury claims involving medical negligence, we offer free* legal advice to allow you to get answers to your most pressing questions. Our team of professional medical negligence lawyers can review your case and offer some guidance on what may be the best course of action to protect your interests. (*Conditions apply).

Brydens Lawyers – #WE DO medical negligence claims.