Negligence vs. Malpractice: Do You Have a Case? By Younker Hyde Macfarlane on August 23, 2021

a doctor sanitizing his handsMedical professionals have a duty of care to their patients. They are expected to provide care that meets the accepted standard, or that which would be provided by a similarly trained medical professional who was presented with the same circumstances. Although medical professionals can and do make mistakes, patients should understand the differences between negligence vs. malpractice.

Patients who are victims of medical malpractice have the right to pursue financial compensation for losses stemming from substandard medical care. Medical malpractice attorneys at Younker Hyde Macfarlane, PLLC, can help individuals in the Salt Lake City, UT, area consider negligence vs. malpractice to determine if they have grounds to file a medical malpractice lawsuit. 

What Is Medical Negligence?

Medical negligence refers to situations in which a medical provider’s error or inaction results in care that falls short of the accepted standard. Negligence does not have to involve any malice or the intent to harm. Even innocent mistakes or a failure to take certain actions can be classified as medical negligence if it does not meet up to the accepted standard. Medical negligence is not the same as medical malpractice.

What Is Medical Malpractice?

All cases of medical malpractice involve medical negligence. What sets medical malpractice apart from medical negligence is the presence of injuries. If medical neglect causes a patient to suffer injuries, worsened illness/symptoms, and/or financial damages, then it is classified as medical malpractice. 

Medical malpractice is fairly common and can occur in many forms. Common types of medical malpractice include:

  • Misdiagnosis, delayed diagnosis, or failure to diagnose
  • Surgical errors
  • Failure to treat
  • Prescription medication errors
  • Birth injuries

Making a Legal Claim

If patients in the Salt Lake City area suffer physical and financial damages as the result of medical negligence, they are due financial compensation for their losses. Unfortunately, medical professionals are highly unlikely to accept liability for medical malpractice damages, and they are likely to have a large legal team ready to defend medical malpractice claims. 

To file a medical malpractice lawsuit and increase the likelihood of a favorable settlement, medical malpractice victims should work with a knowledgeable attorney, such as those at Younker Hyde Macfarlane. Our medical malpractice lawyers gather evidence such as medical records and expert testimony from similarly trained medical professionals to prove medical malpractice for our clients. 

Damages for Medical Malpractice

When patients are victims of medical malpractice, the negligent medical professionals should be held accountable for resulting damages, including those that are financial and those that are not. Potential sources of compensation in a medical malpractice lawsuit include:

  • Expenses for medical treatment
  • Cost of anticipated future medical care
  • Lost wages and/or loss of wage earning potential
  • Pain and suffering

Contact Us

If you have received substandard medical care, the lawyers at Younker Hyde Macfarlane in Salt Lake City can determine if the situation is classified as medical negligence or medical malpractice. To discuss the details of your case, send us a message online or call (801) 335-6467 and schedule a personal consultation.

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Younker Hyde Macfarlane, PLLC

Younker Hyde Macfarlane, PLLC

At Younker Hyde Macfarlane, PLLC, our attorneys have decades of combined experience in complex cases. We represent clients in all types of personal injury cases, with a special focus on medical malpractice claims. Our firm is associated with the following professional organizations:

  • Utah Bar Association
  • American Bar Association
  • Salt Lake County Bar Association
  • American Trial Lawyers Association

To schedule an appointment, please contact us online or call (801) 335-6467.

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