When it comes to medical malpractice and medical negligence, understanding the difference between the two is crucial for patients who have suffered harm due to a healthcare professional's actions. In this blog post, we will explore the key differences between medical malpractice and medical negligence in Oregon, as well as provide some useful tips for identifying these issues and seeking the appropriate legal recourse. By the end of this post, you should have a better understanding of these important legal concepts and how they may apply to your situation.
Medical Malpractice vs. Medical Negligence: What's the Difference?
While both medical malpractice and medical negligence involve a healthcare professional causing harm to a patient, the key difference between the two lies in the intent and level of care provided by the professional. In short, medical malpractice occurs when a healthcare professional knowingly and intentionally provides substandard care, while medical negligence occurs when a healthcare professional unknowingly provides substandard care due to a lack of proper attention or skill.
Here are some key differences between the two:
- Standard of Care: Medical malpractice involves a healthcare professional knowingly violating the standard of care that a reasonable professional would provide in a similar situation. Medical negligence, on the other hand, occurs when a healthcare professional fails to meet the standard of care due to a lack of attention or skill.
- Intent: In medical malpractice cases, the healthcare professional intentionally provides substandard care, while in medical negligence cases, the substandard care is provided unintentionally.
- Legal Remedies: Both medical malpractice and medical negligence can result in legal claims for damages, but the specific remedies available may vary depending on the circumstances of the case and the applicable state laws.
How to Identify Medical Malpractice and Medical Negligence in Oregon
If you believe you or a loved one has been a victim of medical malpractice or medical negligence in Oregon, it's important to take the following steps to help identify the issue and seek appropriate legal recourse:
- Review Medical Records: Obtain a copy of your medical records and review them for any signs of substandard care or errors made by healthcare professionals. This can help you determine whether your situation may involve medical malpractice or medical negligence.
- Consult with a Medical Expert: Speak with a medical expert, such as a doctor or nurse, who can review your records and provide an opinion on whether the care you received met the appropriate standard of care. This can help you further determine whether your situation may involve medical malpractice or medical negligence.
- Seek Legal Advice: Consult with an experienced medical malpractice attorney who can review your case and help you determine the best course of action for pursuing a legal claim.
Keep in mind that the statute of limitations for medical malpractice and medical negligence claims in Oregon is generally two years from the date of the injury, so it's important to act quickly if you believe you have a case.
How Angel Law, P.C. Can Help
If you or a loved one has been harmed due to medical malpractice or medical negligence in Oregon, it's important to seek the help of an experienced attorney who can guide you through the legal process and ensure your rights are protected. At Angel Law, P.C., we have extensive experience handling medical malpractice and medical negligence cases and can help you pursue the compensation you deserve for your injuries. Contact us today for a free consultation to discuss your case and learn more about your legal options.