Medical Negligence vs Malpractice: What’s the Difference?

Do you know the distinction between medical negligence vs malpractice? You might wonder what this means if a medical procedure or treatment in a Birmingham hospital did not go as planned. You may wonder about the difference between medical negligence and medical malpractice if you suffer injuries from a medical provider. How does medical malpractice differ from negligence?

It doesn’t. Medical malpractice is professional negligence. If a medical provider fails to meet the appropriate standard of care when treating a patient and the patient is injured as a result, medical malpractice has occurred.

If you want to discuss your legal options after a surgery or treatment that caused or worsened your condition, the experienced Birmingham medical malpractice attorneys at Farris, Riley & Pitt, LLP can answer your questions.

What Is Medical Malpractice?

Suppose a doctor or other medical practitioner does not provide you with the appropriate standard of care that a similarly trained professional would have provided under the same circumstances. In that case, they may have performed medical malpractice. In other words, your medical provider owes you a specific duty of care. Failing to fulfill that duty may constitute medical malpractice.

Some examples of medical malpractice include:

• Misdiagnosis or delayed diagnosis of a serious illness resulting in inappropriate treatment, the worsening of the condition, or the death of the patient
• Childbirth injuries, such as improper use of forceps or failure to monitor the mother’s and baby’s condition during labor and delivery
• Anesthesia errors, including administering too much or too little or not recognizing or addressing complications promptly
• Prescription errors, including administering the wrong medication or dosage or failing to account for harmful interactions between medications
• Emergency room errors, such as failing to order appropriate tests or providing inappropriate discharge instructions
• Failure to treat, when a provider correctly diagnoses a condition but doesn’t provide necessary treatment
• Surgical errors, including leaving surgical instruments or sponges inside a patient’s body or performing the operation on the wrong site
• Radiology errors, such as misreading diagnostic tests like X-rays, CT scans, and MRIs
• Inadequate follow-up, such as failing to schedule follow-up appointments, failing to monitor the patient’s recovery, or failing to provide appropriate post-treatment instructions 

In a medical malpractice case, the patient must establish that the provider owed them a duty of care and failed to meet that standard of care. The patient must show a direct link between the provider’s breach of that duty and the harm the patient experienced, manifesting as physical or emotional injuries resulting in specific losses, including medical expenses and lost wages.

Suppose the evidence your attorney collects satisfies these elements. In that case, you may be entitled to financial compensation for the injuries and harm suffered due to the doctor or provider’s failure to meet the appropriate standard of care.

When Do I Need to File a Medical Malpractice Claim?

A medical malpractice case is subject to specific timelines. Under Alabama law, you have two years from the date of the injury (or death) to file a medical malpractice or negligence case.

Alabama’s statute of limitations sets this deadline. Although some limited exceptions to this general rule exist, failure to file your lawsuit within this time frame will likely result in the judge dismissing your case. Although two years may seem like a long time, your attorney needs this time to investigate the facts and circumstances of your case, obtain expert testimony from other healthcare professionals, develop a robust case on your behalf, negotiate with the insurance companies involved, and timely prepare and file your lawsuit if necessary.

At Farris, Riley & Pitt, LLP, we understand that keeping track of this and other deadlines can be overwhelming, especially after an injury. Let an experienced Birmingham medical malpractice lawyer keep track of this and other pertinent deadlines.

How Can a Birmingham Medical Malpractice Lawyer Help You?

Did you or your loved one suffer harm due to a medical procedure or treatment? If so, retaining a lawyer can help you seek the favorable outcome you deserve. When you bring them a medical malpractice case, you can expect your lawyer to:

• Investigate and build your case – A skilled lawyer from Farris, Riley & Pitt, LLP will thoroughly investigate the facts and circumstances that led to your injuries and losses. They will review your medical records and bills, interview witnesses, and consult experts to determine what caused your injuries. They will also fully evaluate your losses to determine the compensation to demand on your behalf.
• Negotiate a settlement – Your lawyer will handle all communications and negotiations with the at-fault party’s insurance company. They will fight for the full and fair settlement you deserve. The insurance company might be unwilling to offer you the compensation you deserve or negotiate in good faith. If so, your attorney will file a lawsuit on your behalf.
• Represent You in Court – If your lawyer files a lawsuit, your case may be trialed. Although the goal is to settle your case after filing a lawsuit, your attorney will prepare to try the case. They can issue written discovery requests to the provider and non-parties for related documentation. Next, they take depositions and secure the necessary expert testimony to support your claims.

Call a Birmingham Medical Malpractice Attorney Today

If you or your loved one is a victim of medical malpractice, call us today. We offer tenacious legal advocacy and the compassionate, personalized advice you need during this difficult time. We will answer all your questions and explain your options for pursuing the compensation you and your family need.

Farris, Riley & Pitt, LLP has represented clients in Birmingham and throughout Alabama for over two decades. We have successfully obtained more than $200 million for our clients. We’ll use the same determination to pursue the compensation you deserve after you were harmed by a medical professional.

We offer free, confidential case evaluations. You do not have to worry about paying for the call or meeting with one of our Birmingham medical malpractice attorneys. Call us today at (205) 324-1212 or contact us online to get started with your case.

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