Is there a Difference Between Medical Malpractice and Medical Negligence?


Doctors go through years of school and training to be able to practice medicine. It is because of this that patients typically trust them with their life. While most doctors treat their patients with the proper standard of care, there are situations in which their carelessness can cause further suffering. When dealing with these situations, it is important to know there is a difference between medical malpractice and medical negligence. Continue reading below to learn more and contact a Texas personal injury attorney for help with your case.

What is Medical Malpractice?

All medical professionals owe a duty of care to their patients, meaning they must treat them in accordance with a certain standard. In the event that a doctor knowingly breaches this duty of care, they can cause serious harm to their patient. This is known as medical malpractice. It is important to note that in order to be considered malpractice, there must be an element of intent. The doctor can only be guilty of malpractice if they were aware what they were doing was wrong but chose to do it anyway. Patients who suffer in these situations can pursue legal action against the doctor for damages.

What is Medical Negligence?

Anyone can make a mistake in their life. This includes medical professionals. However, when a doctor makes a mistake, they can cause significant suffering to a patient. This is known as medical negligence. It is crucial to know that these situations are different from malpractice in the sense that there is no element of intent. To be guilty of medical negligence, the doctor unknowingly diverted from the standard course of treatment. Patients can pursue legal action in these situations as well.

How Long do I Have to Sue?

Patients who want to pursue legal action against a doctor in a case of medical negligence or medical malpractice, it is important to keep the statute of limitations in mind. The statute of limitations is a deadline the injured party must meet when filing a personal injury claim. In the state of Texas, the statute of limitations for medical malpractice and medical negligence is two years from the date of the injury. 

Contact our Firm

If you or someone you know has been wrongly injured, you must not wait. Our firm is ready to help you through each step of the legal process to help ensure you recover the financial compensation you need to move on with your life. We are ready to help–all you have to do is contact Brock & Goetzmann, PLLC today.

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