National Malpractice & Negligence Introduction:

Medical malpractice and medical negligence are basically the same term. Medical malpractice deals with lawsuits that claim damage to a patient due to misdiagnosis, delayed diagnosis, mistreatment, or mismanagement of diagnostic tests. Not all medical diagnosis or treatment errors are cause for malpractice, because there are risks and margins for error inherent in the practice of medicine. Medical malpractice may also be considered a personal injury case involving poor medical care. 

Attorneys that operate in the medical malpractice and negligence arena must be sure to start their case before the statute of limitations has run out. This will vary by state and also depending on the nature of the allegations. The attorney must also be able to prove true malpractice has occurred, rather than simply a medical error that would not be considered an act of negligence. 

Some cases of negligence are not medically related. Negligence is when one person owes a duty of care to another to not cause them any harm. If that person does something, or fails to do something that causes injury, the victim may be entitled to compensation for the damage. Here, attorneys must prove that the injury was actually due to the breach of duty of care.

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