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What Is The Difference Between Medical Malpractice And Medical Negligence?

LawMD

In the video below, one of our medical malpractice attorneys answers the  question, “what is the difference between medical malpractice and medical negligence?” Stick around to learn more about medical negligence and medical malpractice cases.

Learn More:

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Is Medical Malpractice Difficult To Prove?

What Constitutes A Medical Malpractice Lawsuit?

Video Transcript

Timestamps
0:00 Intro
0:08  Medical Malpractice vs. Medical Negligence
0:30 Negligence
0:44 Definition Of Medical Negligence

0:08 What Is The Difference Between Medical Malpractice And Medical Negligence?

The question is what’s the difference between medical malpractice and medical negligence? The reality is, those are synonyms, they refer to the same thing. I rarely use the word medical malpractice because it sounds like there’s something intentional involved in the doctor’s breach in the standard of care. 

0:30 Medical Negligence

I prefer the term medical negligence because it gives an understanding of the elements of medical negligence are due to breaching the standard of care causation and damages.

0:44 Definition Of Medical Negligence

Medical malpractice has a pejorative negative connotation as to somehow adding an element that you don’t have to prove in a medical negligence case, and that is the doctor somehow intended to harm his patient. That’s not an element that ever has to be proved in medical negligence cases.

I tend to avoid when possible the term medical malpractice. I think it’s unduly prejudicial to the legal elements.

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