To prepare for your medical malpractice claim, understanding some legal jargon will be critical. One of the most important distinctions to be aware of is the difference between medical negligence and malpractice. Many confuse the two terms, which could lead to an inaccurate understanding of your claim.
What’s the Difference Between Negligence & Malpractice?
Medical malpractice and medical negligence are not two separate legal claims. The term “medical malpractice” is not even used in the Texas Medical Liability Statute. Instead, a medical malpractice claim is referred to as a healthcare liability claim.
According to Texas laws, anytime your health care provider violates their medical duty of care, they can be sued for medical malpractice.
The healthcare liability claim is the overarching suit, and negligence is one element that validates your case for compensation.
What Are the Four Elements of Negligence?
To establish negligence, four elements must exist:
- Duty of Care – You must establish that the medical provider had a standard of care to uphold
- Breach of Duty – The medical provider’s actions or lack thereof breached this duty of care
- Causation – The medical provider’s breach of duty was the direct cause of the victim’s injuries
- Damages – The victim’s injuries resulted in damages that require monetary recovery
What Are Some Examples of Medical Negligence?
Some examples of medical negligence that could warrant a healthcare liability claim include:
- Failure to treat
- Failure to diagnose
- Surgical errors
- Anesthesia errors
- Birth injuries
- Misdiagnosis
- Delayed diagnosis
- Failure to provide follow up care
- Operating on the wrong patient
- Treating the wrong patient
- Medication errors
Types of Medical Negligence
There are two primary types of medical negligence: gross negligence and ordinary negligence.
Gross Negligence
With gross negligence claims, the health care provider voluntarily disregarded the patient’s well-being. They may have knowingly and willfully acted in a way that would cause harm to a patient. A good example of gross negligence in a healthcare liability claim could include your surgeon or anesthesiologist showing up for your surgery while under the influence of drugs or alcohol.
Ordinary Negligence
Ordinary negligence is different. Here, your health care provider may not have voluntarily disregarded your well-being, but your well-being was disregarded nonetheless. This can include acts such as a health care provider failing to obtain your informed consent or failing to consider other potential treatment options.
Contact a Medical Malpractice Lawyer in Texas For Help
When your health care provider’s negligent actions cause you substantial physical or emotional injuries and financial losses, you have the right to seek total recovery of your damages.
With help from a Texas medical malpractice lawyer at Kemmy Law Firm, you can recover your losses in full and have access to the funds you are going to need to rebuild your life. Fill out our online contact form or call our office at (830) 264-6297 to schedule your no-cost, risk-free consultation as soon as today.
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