Living in the United States, it’s common to read or hear about lawsuits. People left and right being held accountable for causing injury to someone. While some claims are clear cut, others can be confusing. For example, what’s the difference between medical negligence and medical malpractice?

If you believe you are the victim of healthcare liability in Texas, it’s good to know the difference between the two. Technically speaking, medical malpractice is medical negligence. But there are distinctive nuances within each label.

What is Medical Malpractice?

The term “malpractice” does not appear in Chapter 74 of the Texas Civil Practice and Remedies Code, which is the statute that regulates medical liability issues. However, the term is often used to refer to a situation in which a healthcare provider deviates from the standard of care generally used within the profession, even if that deviation doesn’t necessarily harm the patient. As an example, there are doctors who have been sued for carving their own initials on patients’ organs during surgery.

What is Medical Negligence?

All negligence claims arise out of someone breaching their duty of care when that breach causes damage. It can be financial or physical damage, or both. This breach can be either an act or an omission. Even within negligence cases, there are different types of claims:

Ordinary negligence refers to a failure to act with reasonable care. This can happen if a healthcare provider fails to consider a specific type of treatment that other medical professionals with the same training would have considered standard procedure, or fails to inform the patient of risks associated with a procedure.

Gross negligence refers to the conscious, voluntary disregard for a person’s well-being or how an act will affect or harm a patient. An example could be a surgeon who goes into the operating room while under the influence of alcohol, drugs, or medication.

When to Contact a Lawyer

Healthcare liability cases can be complicated. Sometimes, the negligence or malpractice is obvious. In other instances, it can take a while for symptoms or signs to develop. If you have reason to believe you have a claim for healthcare liability, let us help you. We will listen to your story and obtain all required documentation to determine whether you have a case against a healthcare provider.

Civil Litigation Attorneys in Texas

If you believe you are a victim of medical malpractice and need to know how to move forward, the experienced attorneys at The Weycer Law Firm can help.

Discuss your case for FREE today by contacting us online or by calling (713) 668-4545.

Note: This blog is for informational purposes only and does not create an attorney/client relationship.