Medical Malpractice vs Medical Negligence | What is the Difference?


When people go to see the doctor, they trust they will be receiving good care. While this is usually the case, there are situations in which a medical professional may be careless or negligent with treatment. This can cause severe suffering to a patient, which is why they can pursue legal action as a result. When dealing with these situations, it is important to be aware that there is a difference between medical malpractice and medical negligence. Continue reading below to learn more and contact a New Jersey personal injury attorney for help with your case.

What is Medical Malpractice?

Medical professionals have a legal obligation to provide patients with the proper duty of care. This means they must provide treatment that is up to par with a certain standard. The failure to do so through a knowing breach of this duty is known as medical malpractice. These situations require an element of intent to be present, meaning they knew what they were doing was wrong but chose to do it anyway.

What is Medical Negligence?

Medical professionals are human and can make mistakes just like anyone else. However, when they do, they can put a patient’s health and life in danger. When this happens, it is referred to as medical negligence. It is important to be aware that the difference between medical malpractice and medical negligence is the element of intent. In situations of negligence, there is no intent, as the professional unknowingly diverts from the proper standard of care. 

How Long do I Have to Sue?

Patients who wish to pursue legal action due to medical negligence or medical malpractice should not wait too long to do so. This is because they are required to meet a certain deadline, known as the statute of limitations. If the patient fails to meet this deadline, they can lose their opportunity to recover compensation for damages. In the state of New Jersey, the statute of limitations for medical malpractice and medical negligence is two years from the date of the injury. 

Contact our Firm

If you have been the victim of the negligence of another in an automobile accident, please contact my office as quickly as possible following the subject accident. It is important to consult with us early on so that we may begin the process of fighting for your rights in regard to any potential claim that you may have. The process is complicated and requires the expertise of a qualified New Jersey personal injury attorney. CONTACT US TODAY!

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