If you have experienced substandard care from a doctor, nurse, or any other medical professional and wish to pursue a medical malpractice case, it is crucial to gather as much evidence as possible to prove that your damages resulted from negligence. When speaking with your legal team and all other parties involved with your case, you may come across the terms “negligence” and “medical malpractice” together often.

While medical malpractice and medical negligence are often used interchangeably, there is a difference between the two:

Medical Negligence

Medical negligence is the failure to properly perform an action for a patient or apply the care needed to complete the action properly. Any medical professional can be held liable for medical negligence, and the resulting damage can be either nonharmful or cause actual injury ranging from mild to severe, depending on the scope of the negligence.

All medical providers have a duty to provide a standard of care to their patients. Treatment should reflect the provider’s competency, knowledge, and skills and should match or exceed the care other medical professionals with similar educational levels and skillsets would provide.

When a doctor, nurse, PA, or any other medical provider offers substandard care that deviates from what is considered the norm in the medical community, the provider fails to uphold the duty to the patient and performs negligently.

Medical negligence is a required aspect of a medical malpractice claim.

Medical Malpractice

Medical malpractice arises when medical negligence results in injury to the patient. Similar to how not all rectangles are squares, but all squares are rectangles, not all negligence cases lead to malpractice, but all malpractice cases stem from negligence.

A patient could experience neutral, unharmful effects from a medical professional’s insufficient care. On the other hand, the negligence could be considered malpractice if it results in:

• Worsening conditions for the patient
• Complications for the patient
• Additional treatment to either satisfy what the substandard care should have treated or to correct the results of the substandard care

Medical malpractice hinges on two crucial factors:

• Causation—the understanding that substandard care can and did cause harm to the patient
• Damages—the harm suffered by the patient as a result of substandard care

A strong case must prove the provider knew their level of care would likely harm the patient and confirm that the patient’s injuries directly resulted from the provider’s negligence.

The expert attorneys at Clark, Smith & Sizemore understand Georgia’s medical malpractice laws and will fight for injured patients! Call us today for a free consultation: 478-254-5040

Stay tuned for our six-part series on medical malpractice:

1. Georgia’s Medical Malpractice Laws, Explained
2. Stay Alert When It Comes to These 6 Types of Medical Malpractice
3. 4 Signs of Medical Malpractice That Could Affect You or Your Loved Ones
4. 5 Benefits of Hiring a Medical Malpractice Lawyer
5. Understanding Medical Malpractice vs. Negligence
6. What Is the Statute of Limitations for Medical Malpractice?