What’s the Difference Between Mistreatment and Negligence?
December 16, 2019
When considering how to resolve medical negligence cases, you may be wondering what happens with mistreatment and negligence claims and whether there is any difference between the two in the medical world. Here at The Medical Negligence Experts, we will explain the differences and how each can be met with a viable solution if you have experienced either of them.
Definitions
Medical negligence occurs when a doctor or professional responsible for your care does not complete their duties to the standard that is expected, resulting in ill effects to you and your condition. This can lead to a number of issues that need to be resolved through a complaint.
Medical mistreatment, or medical malpractice, is when a victim is abused or refused care on a personal basis. This leaves them without the care they need and results in injury — in some cases, these even become fatal.
Types of Cases
Medical negligence covers a wide range of cases. Some of the most common of these include misdiagnosis, which is when people are given the wrong diagnosis for their condition. This leads to a lack of accepted treatment and a worsening of their condition. Cases of medical negligence also include surgery gone wrong, such as when incorrect surgery is performed, when unnecessary actions are taken, or there is a lack of care after the operation. Cases can also be related to a lack of appropriate care when in a hospital environment or when patients are discharged too early.
However, in medical mistreatment or malpractice cases, care might be withheld from patients even though the doctors and nurses know they should be receiving it. Patient history, results of tests or surgical errors might also be ignored and unnecessary surgery may be performed.
Comparing Mistreatment and Negligence Claims
Although many of the types of cases that occur in medical mistreatment and negligence are the same, there is one main difference — and that is the idea of intent. In medical malpractice cases, the issues that occur are often intentional, whereas negligence solely happens because doctors have incorrectly or erroneously attended to their responsibilities. In malpractice cases particularly, you will have to prove that the acts were intentional and that it was these things that caused you harm and worsened your condition. However, cases of negligence will only need to be proved in terms of which doctor provided the care in question, and whether the care you experienced was, in fact, beneath the general standard for doctors in the UK.
Getting Compensation
In order to get compensation for negligence and malpractice, you will have to prove that the defendant caused you harm in both cases. You will also need to show that you had a medical relationship with the doctor and that they were the cause of your injuries. To make sure that you are able to get the compensation you deserve and that you can prove your case effectively, you should speak to The Medical Negligence Experts.