Although the terms “negligence” and “malpractice” are often used interchangeably, they both carry different meanings with different legal implications. An act of negligence may not result in any real or lasting harm, whereas malpractice denotes the idea that harm has been inflicted.

So what is the difference between negligence and malpractice? In this blog, we’ll strive to clarify the meanings of both these legal concepts and their role in medical malpractice cases. If you have any additional questions or concerns about this topic or how it applies to your current legal matter, we encourage you to contact our Charleston, WV law office for a free consultation.

When we seek treatment for an illness, disease, or injury, we expect the medical professionals who care for us to provide honest and forthright information about our conditions and treatment options. When we are met with anything less, it can be confusing and even potentially dangerous. Does it mean that doctors can legally lie to patients and that we are simply left to sort out fact from fiction on our own? Not quite.

The legality of being dishonest with medical patients is a precarious matter. It is important for doctors and patients alike to build a strong foundation of honest and open communication regarding all medical matters. When a doctor fails to uphold their part in this process and lies to a patient, it could cause irreversible harm that follows them for a lifetime.

If you’ve ever undergone medical treatment or a surgical procedure, you should have been “consented” before either. Doctors and other medical providers must perform an informed consent before administering any treatment or performing an operation, with very few exceptions. Their failure to secure your medical informed consent could result in your physician facing a medical malpractice lawsuit if they failed to take this step.

We need good systems of accountability for our hospitals and medical care facilities. In a country in which medical mistakes rank among the top three causes of death each year, we more than ever need ever-improving methods for identifying and fixing weaknesses in our state and national medical systems. Ranking and scoring hospitals on quality of care is one way to help hold medical institutions accountable. Although a shining report card does not eliminate the possibility of medical malpractice, it is an effective way to encourage responsibility, and a way for current and future patients to learn about a facility’s history of patient care.

When you’re ill or injured and go to the hospital or get seen by a doctor, you expect what’s ailing you to get better. If your health declines and you think that your doctor or another medical professional was the one who caused it to worsen, then you might have a medical malpractice claim on your hands. However, you might be unsure if it constitutes as med mal.

When you trust a hospital, doctor, or medical staff with your care, you are trusting them with your life. Usually, they will correctly diagnose you, work quickly, and treat you to heal whatever is ailing you. But sometimes, the medical professionals who are supposed to be healing you end up making a medical error that severely injures you, or worse.

When you or a loved one has suffered an injury or death from a medical error, you could use the help of a lawyer. A medical malpractice attorney from DiPiero Simmons McGinley & Bastress, PLLC can get you the financial compensation you deserve for the injuries, damages, or other costs you suffered from medical negligence.

Going to the doctor is necessary when you’re sick or hurt and need treatment. You expect the medical professionals who are there to help you will take proper care of you, but sometimes they can make mistakes from negligence. There are many factors that go into medical negligence, but regardless, the injuries and damages you were caused could have been prevented.

That’s why you might be interested in filing for medical malpractice. One of our med mal lawyers from DiPiero Simmons McGinley & Bastress, PLLC are here to guide you through a claim and get you the justice you deserve. We’ll help you determine what you’re owed and give you the legal support you need.

After an accident that causes an injury, whether minor or major, first responders will most likely come to the scene to either evaluate you or transfer you to a hospital for more care. You expect them to provide adequate care in the meantime, but sometimes the opposite happens. Emergency medical teams are sometimes understaffed, have a lot of people to tend to on the scene, or make the wrong decision during a crucial time, which can lead to negligence of some patients and cause injuries.

We trust our doctors to listen to our symptoms and figure out what’s wrong. From there, we follow their recommended treatment and can then start to heal and feel better. But sometimes, they may get the diagnosis wrong. Your real issue is left untreated. This can harm your health and wellbeing. If you’ve been through this experience, you may have legal options. First, let’s go over some signs and red flags of a misdiagnosis that was caused by negligence:

If you or a loved one have been injured while under the care of a healthcare professional, you may have grounds for a medical malpractice case. While medical errors happen for a variety of reasons, there is never an excuse.

If you find yourself seeking legal guidance after a medical malpractice event, it’s likely you’ll realize just how complex these cases can be. At DiPiero Simmons McGinley & Bastress, PLLC, we’ll make these complicated legal matters easy to understand. Let’s start by going over the why most medical malpractice claims are considered civil cases.