What is the Difference Between Medical Malpractice and Medical Negligence in New York?

What is the Difference Between Medical Malpractice and Medical Negligence in New York?

In order to practice medicine, doctors go through a great deal of schooling and training. This allows patients to receive the best care possible. When treating patients, doctors are required to do so in accordance with the proper standard of care. While this is usually the case, there are situations in which doctors are careless and cause further suffering to patients. Those facing these situations should know there is a difference between medical malpractice and medical negligence. Continue reading below to learn more and contact a New York personal injury attorney for help with your case.

What is Medical Malpractice?

Doctors owe a duty of care to their patients, requiring them to provide treatment up to par with a certain standard. If they knowingly breach this duty of care, it can result in significant suffering for a patient. This is classified as medical malpractice. In order for a doctor to be guilty of medical malpractice, there must be an element of intent. This means the doctor knew what they were doing was wrong and chose to do it anyway, thus causing harm to a patient. It is because of this that these patients can pursue legal action against them for physical, emotional, and financial damages.

What is Medical Negligence?

It is possible for anyone to make a mistake in their life, including doctors. When a doctor is treating a patient and makes a mistake, it can cause further suffering to the individual. This is classified as medical negligence. These situations are different from medical malpractice because there is a lack of intent. This means the doctor unknowingly diverted from the standard course of treatment but still caused harm to their patient. Patients in these situations can pursue legal action against the doctor to recover damages as well.

How Long do I Have to Sue?

When a patient wants to pursue legal action against a doctor for medical malpractice or medical negligence, it is important they do not wait too long to do so. This is because the statute of limitations places a deadline on how long they have to file a personal injury claim. If they fail to meet this deadline, the individual can lose their right to recover compensation. In the state of New York, the statute of limitations for these cases is two and a half years from the date of the injury.

Contact our Firm

A personal injury accident can have a great impact on your life and your bank account. At Katter Law Firm, we believe that everyone should be held liable for his or her own negligence; you should not have to bear the burden of someone else’s mistakes. To learn more or to schedule a free consultation, visit us online or call us today!