Brown Law, LLC

What is the Difference Between Medical Malpractice and Medical Negligence?

What is the Difference Between Medical Malpractice and Medical Negligence?

When people see a medical professional, they trust they are in good hands and will be treated with the right standard of care. However, it is possible for a doctor to make a condition worse if they are careless or negligent. In these situations, it is important to know that there is a difference between medical malpractice and medical negligence. Continue reading below to learn more and contact an experienced New Jersey personal injury attorney for assistance with your case.

What is Medical Malpractice?

All medical professionals owe a duty of care towards their patients. If they knowingly breach that duty of care and cause harm to the patient as a result, it is known as medical malpractice. It is important to understand that there is an element of intent in medical malpractice situations. This means the professional understood what they were doing was wrong and decided to do it anyway. These situations can cause the patient to experience significant financial damages as well, which is why they can pursue legal action against the professional. In doing so, it is crucial to retain the services of an attorney who can help guide you through the situation and ensure your grounds are valid. 

What is Medical Negligence?

Medical professionals are human, just like anyone else. This means they can make mistakes. If a medical professional makes a mistake while treating a patient, without knowingly diverting from the regular course of treatment, it is known as medical negligence. In these situations, there is an absence of intent. Medical professionals who are guilty of negligence do not realize they are making a mistake. However, this can still cause significant damages, which is why patients can sue the professional for medical negligence. 

How Long do I Have to Sue?

Individuals who are looking to sue a medical professional for medical malpractice or medical negligence should keep the statute of limitations in mind during this time. Simply put, the statute of limitations is a deadline by which injured parties are required to file a personal injury claim. In the state of New Jersey, the statute of limitations in these cases is two years from the date of the injury. 

Contact our Firm

We understand the impact a serious injury can have on an individual’s life. If you have been injured in New Jersey due to another party’s negligence, please do not hesitate to speak with an experienced attorney who can assess your situation and guide you through your legal options. Contact our firm today to learn how we can help.

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