Because Relationships Matter 
Medical negligence and medical malpractice are closely related terms, but they do not mean exactly the same thing. Medical negligence refers to a healthcare provider making a mistake or failing to provide reasonable care. Medical malpractice occurs when that negligence causes injury to a patient and meets the legal requirements for a malpractice claim. In other words, every medical malpractice case involves negligence, but not every act of negligence becomes medical malpractice. A Fiedler Deutsch, LLP medical malpractice lawyer in White Plains or Westchester County can help identify this distinction for you and help you understand your legal rights.
What Is Medical Negligence?
Medical negligence is a healthcare provider’s failure to act according to the accepted standard of care. It can occur in hospitals, clinics, nursing homes, or private medical practices. Examples of medical negligence include:
- Misreading a patient’s laboratory results.
- Prescribing the wrong medication.
- Failing to order appropriate diagnostic testing.
- Overlooking signs of infection.
- Recording inaccurate information in a medical chart.
These mistakes may or may not result in harm. If the patient is not injured, negligence alone generally does not create a medical malpractice claim.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider’s negligence directly causes injury or death. To have a valid malpractice claim, the patient must prove:
- A doctor-patient relationship.
- A provider who failed to meet the accepted standard of care.
- A direct connection between that failure and the patient’s injury.
- Measurable damages, such as medical expenses, lost income, or pain and suffering.
For example, consider two patients who receive the wrong dosage of medication.
In the first case, a nurse notices the error immediately, corrects it, and the patient experiences no complications. The provider may have acted negligently, but the patient was not harmed. In the second case, the incorrect dosage causes kidney failure and requires hospitalization. Because the negligent mistake caused a serious injury, the patient may have a medical malpractice claim.
Common Examples of Medical Malpractice
Medical malpractice can occur in many healthcare settings. Some of the most common examples include:
- Delayed or missed cancer diagnoses.
- Surgical mistakes.
- Birth injuries.
- Anesthesia errors.
- Medication errors.
- Failure to diagnose strokes or heart attacks.
- Emergency room errors.
- Infections caused by improper medical care.
Medical malpractice claims require substantial evidence, such as medical records, diagnostic imaging and laboratory results, physician and nursing notes, expert medical testimony, and documentation of financial and physical damages. In New York, attorneys must also file a certificate of merit, confirming that they consulted with a qualified medical expert who believes there is a reasonable basis for the malpractice claim.
Signs That a Medical Mistake May Be Malpractice
If you notice any of the following warning signs, it may be worth having your case reviewed by a qualified attorney and medical expert:
- A diagnosis was delayed despite obvious symptoms.
- Test results were overlooked, misread, or never communicated.
- You received the wrong medication or incorrect dosage.
- A surgical procedure was performed on the wrong body part or patient.
- Your condition became significantly worse after a preventable medical error.
- Different doctors disagree about whether your treatment met accepted medical standards.
- Medical records contain unexplained changes, omissions, or inconsistencies.
- A healthcare provider admits that a mistake was made.
- You require additional procedures or hospitalization to correct a preventable error.
A timeline of symptoms, test results, treatment decisions, and complications can help show whether the provider missed a clear opportunity to prevent harm.