Legal Professional on the Difference Between Medical Malpractice and Negligence in Naples
Medical malpractice is uncommon, but when it happens, the impact can be devastating. Victims who suffer injuries at the hands of a nurse or doctor may wonder what the difference is between medical malpractice and negligence. Attorney Marc L. Shapiro, P.A., a leading personal injury attorney in Naples, explains below.
Medical Malpractice vs. Negligence
Medical malpractice occurs when a healthcare professional deliberately goes against the professional standard of care. Examples include:
- A surgeon doesn’t wash his hands before working on a patient. That patient develops a severe infection and must stay in the hospital longer than expected.
- A nurse gives a patient an injection with a dirty needle.
- To save time during a woman’s labor, a doctor opts for a C-section even though it’s not safe for her. The woman experiences blood loss and almost loses her baby.
Medical negligence involves making a mistake that harms a patient in some way. This could include:
- Giving a patient the wrong dosage of medication
- Failing to diagnose (or mistakenly diagnosing) a patient with cancer
- Discharging a patient from a Naples, FL, hospital before they’ve healed
How Are Medical Malpractice and Negligence Different?
Many people confuse medical malpractice and negligence because they sound similar, but they’re not the same. While both involve harm to a patient, providers commit malpractice intentionally and negligence accidentally. Intent is the deciding factor.
Professional Standard of Care vs. Duty of Care
In typical accident cases, victims must prove that the defendant had a duty of care and that there was a breach of duty to recover damages. Causation and comparative negligence are also factors.
In a medical negligence case, witnesses from the same field as the healthcare provider will provide expert testimony. If these witnesses would not have acted as the provider did, the court may hold them liable for negligence.
Pre-Suit Requirements for Medical Negligence Claims in Naples, FL
There are several requirements to file a medical negligence/malpractice suit:
- An attorney must serve the defendant and give them 90 days to complete their investigation.
- The victim must authorize the release of protected health information.
- Mediation must be completed within 120 days of filing a lawsuit.
- Parties must complete or deny voluntary arbitration before a trial can occur.
Malpractice victims must file a suit within Florida’s two-year statute of limitations. The court may extend the deadline to four years in certain cases.
Guidance for Malpractice Victims in Naples, FL
Medical malpractice and negligence are slightly different, but the outcome remains the same for victims, with an important consideration being how "pre-existing medical conditions can influence a personal injury claim." Those who have suffered injuries due to medical negligence can contact attorney Marc L. Shapiro, P.A., a dedicated personal injury attorney in Naples, who has over 30 years of experience representing malpractice victims.
Naples victims may call (239) 500-5000 for a consultation.
