{"id":138,"date":"2023-05-21T15:01:05","date_gmt":"2023-05-21T15:01:05","guid":{"rendered":"https:\/\/legalhealthguide.com\/?p=138"},"modified":"2023-07-27T23:36:03","modified_gmt":"2023-07-27T23:36:03","slug":"medical-malpractice-vs-malfeasance-differences","status":"publish","type":"post","link":"https:\/\/legalhealthguide.com\/medical-malpractice-vs-malfeasance-differences\/","title":{"rendered":"Medical Malpractice vs Malfeasance: What are the Key Differences?"},"content":{"rendered":"
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When it comes to medical malpractice and malfeasance, it can be difficult to understand the differences between the two. Both are types of professional misconduct that can result in injury to a patient, but there are important distinctions that you need to be aware of.<\/p>\n

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In this article, we will discuss the similarities and differences between medical malpractice vs malfeasance.<\/p>\n

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Medical Malpractice<\/h2>\n

Medical malpractice is a term used to describe the failure of a healthcare professional to provide appropriate medical care to a patient, resulting in harm or injury to the patient. In such cases, the healthcare professional may be held liable for the damages caused to the patient. This section will provide an overview of medical malpractice, including its definition, examples, and standard of care.<\/p>\n

Definition<\/h3>\n

Medical malpractice is defined as the failure of a healthcare professional to provide appropriate medical care to a patient, resulting in harm or injury to the patient.<\/p>\n

This can include a failure to diagnose a medical condition, a misdiagnosis, a failure to properly treat a medical condition, or a surgical error. In order for a case to be considered medical malpractice, there must be a breach of the standard of care.<\/p>\n

Examples<\/h3>\n

Examples of medical malpractice include surgical errors, medication errors, delayed diagnosis, premature discharge, and birth injuries. In each of these cases, the healthcare professional failed to provide appropriate medical care to the patient, resulting in harm or injury.<\/p>\n

Standard of Care<\/h3>\n

The standard of care is the level of care that a healthcare professional is expected to provide to a patient. This includes following established medical protocols, using appropriate medical equipment, and providing appropriate aftercare. When a healthcare professional fails to meet the standard of care, they may be held liable for any harm or injury caused to the patient.<\/p>\n

In order to prove medical malpractice, several legal elements must be established. These include a duty of care, a breach of duty, causation, and damages.<\/p>\n

The plaintiff must show that the healthcare professional had a duty to provide appropriate medical care, that they breached that duty, that the breach of duty caused the harm or injury, and that the plaintiff suffered damages as a result.<\/p>\n

If you believe that you have been the victim of medical malpractice, it is important to seek the advice of a qualified medical malpractice lawyer. They can help you navigate the legal process and seek compensation for any damages you may have suffered.<\/p>\n<\/div>\n

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Malfeasance<\/h2>\n

Malfeasance is a legal term that refers to the intentional commission of an illegal act or a wrongful act that causes physical harm or injury to another person. In this section, we will define malfeasance, provide examples, and highlight the differences between malfeasance and medical malpractice.<\/p>\n

Definition<\/h3>\n

Malfeasance is a form of wrongful conduct that is committed intentionally or with knowledge of its wrongfulness. It is a type of illegal act that is done with the intent to cause harm or injury to another person. Malfeasance can be committed by individuals, organizations, or government entities.<\/p>\n

Examples<\/h3>\n

Some examples of malfeasance include:<\/p>\n