Medical malpractice refers to professional negligence by a medical practitioner where the provided treatment falls below the standard level of care expected of a reasonably prudent medical practitioner with the same level of training and experience. On the other hand, medical negligence is a broader term that refers to any act or omission by a medical practitioner that leads to harm to a patient where the provided care does not meet the expected standard of care.
The difference between medical malpractice and negligence lies in the intention of the medical practitioner. Medical malpractice includes intentional acts of medical professionals that lead to harm, whereas medical negligence covers all acts of medical professionals that lead to harm, regardless of whether the act was intentional.
In most jurisdictions, medical malpractice involves a breach of a legal duty to the patient to provide the appropriate level of care. The injured patient must prove that the medical practitioner was negligent, and this negligence caused or contributed to their injury. The patient must also prove that they suffered damages as a result of the negligence.
One potential limitation to consider is that not all adverse outcomes of medical treatment are caused by medical malpractice or negligence. Some medical treatments carry risks, and sometimes negative outcomes can occur even with the best care possible.
In case of medical malpractice, a patient may file a lawsuit against the responsible medical practitioner or healthcare institution. It is essential to consult with an experienced medical malpractice attorney who can provide guidance on the legal options available based on the specifics of the case.
In conclusion, patients can seek legal remedies for medical malpractice and negligence, and it is important to understand the difference between the two. It is also essential to seek legal advice from a licensed attorney to determine the best course of action.
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