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What Is the Difference Between Medical Malpractice and Medical Negligence?

Posted on April 15, 2023 in

Medical malpractice and medical negligence are very similar to each other. Negligence is the basis for many, if not most, medical malpractice cases. However, the slight difference between negligence and malpractice could become important when filing a claim for damages a patient sustained because of a doctor’s conduct. 

What Is the Difference Between Negligence and Malpractice?

The main difference between medical negligence and medical malpractice is intent. Let’s look at the definitions to help explain the difference.

  • Medical Negligence Definition – A unintended mistake or error that causes a patient to sustain harm or injury.
  • Medical Malpractice Definition – Any injury caused by a healthcare professional’s conduct.

Medical malpractice is a general term encompassing any harm to a patient that a doctor or other medical provider causes. It has an element of intent that is not included in the definition of medical negligence. 

Medical malpractice occurs when a doctor improperly performs their duties. The doctor knew they were engaging in a negligent activity or other wrongdoing but continued with the conduct. In doing so, the doctor failed to meet the standard of care required for the situation. 

It can be difficult to separate medical negligence and medical malpractice. However, an experienced medical malpractice lawyer can evaluate your case during a free consultation to advise you of your legal options for filing a malpractice or negligence claim. 

What Do I Need To Prove To Recover Damages for Medical Malpractice and Medical Negligence? 

Proving medical negligence requires you to have evidence showing:

  • You and your physician had a doctor-patient relationship
  • The relationship created a legal duty of care for the doctor to exercise reasonable care when treating you
  • The physician breached their duty of care by failing to use reasonable care
  • The breach of duty was the proximate and direct cause of your injury
  • You sustained damages because of the doctor’s actions or inactions

Medical malpractice also requires that you prove the doctor did not meet the accepted standard of care that would apply in your situation. For medical malpractice, you need medical experts to testify about the reasonable standard of care and how the doctor breached the standard of care. For medical negligence, a medical expert testifies how the doctor made a mistake or error that led to your injuries. 

What Damages Are Available for Medical Malpractice or Medical Negligence Claims in Oregon?

The types of damages for medical negligence and medical malpractice claims are the same. The types of damages you can receive depend on the facts of your case. 

However, most patients can receive reimbursement for their economic damages, including:

  • Medical bills, including future medical expenses
  • Assistance with household chores and personal care
  • Lost wages, benefits, and other income
  • Out-of-pocket expenses
  • Reduction in earning capacity

Victims can also receive compensation for the pain and suffering they experience because of medical malpractice or negligence. Non-economic damages include:

  • Loss of enjoyment of life
  • Mental anguish and trauma
  • Decreased quality of life
  • Impairments and disabilities
  • Scarring and disfigurement
  • Physical pain and discomfort

The amount you receive for a medical negligence or malpractice claim depends on several factors. Generally, the value of damages increases as the severity of a person’s injuries increases. Working with an experienced Portland medical malpractice lawyer can help you receive fair compensation for your injuries and damages. 

Examples of Medical Malpractice and Medical Negligence 

A study by John Hopkins suggested that medical errors are the third-leading cause of death in the United States. Errors, mistakes, and negligence occur in hospitals, doctor’s offices, nursing homes, and other medical facilities. Medical malpractice and negligence claims can be filed against physicians, medical staff, hospitals, and medical facilities.

Examples of errors and situations that could lead to a medical negligence or malpractice claim include:

  • Anesthesia errors
  • Failing to clean and sanitize tools, equipment, and patient rooms
  • Not obtaining a patient’s medical history
  • Radiological errors
  • Failing to monitor patients for signs of infection and complications
  • Surgical errors and mistakes
  • Failure to order diagnostic tests
  • Not referring a patient to a specialist 
  • Lack of informed consent
  • Delayed diagnosis, misdiagnosis, and failure to diagnose a medical condition
  • Treating patients while under the influence of drugs or alcohol
  • Birth injuries 

All adverse outcomes in a medical setting are not the result of medical negligence or malpractice. Doctors cannot control all outcomes. However, if you suspect a doctor or other medical provider makes a mistake or error, it is essential to act now.

The statute of limitations for most medical malpractice claims in Oregon is two years from the date of injury. However, there could be exceptions. Therefore, the sooner you speak with a Portland medical malpractice lawyer, the better for your case. 

Contact Our Medical Malpractice Attorneys in Portland, OR – Tillmann Law Personal Injury Lawyers

If you were injured in an accident in Portland, OR, please contact our Portland medical malpractice lawyers at Tillmann Law Personal Injury Lawyers to schedule a free consultation today.

Tillmann Law Personal Injury Lawyers
101 SW Main St. #1905
Portland, OR, 97204
(503) 272-8986

Justin Vieth
Justin Vieth
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Shimmeri Selph
Shimmeri Selph
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Don't waste your time.
Alan Rogers
Alan Rogers
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Thanks Aaron, we truly appreciate everything you have done for us.I know that I was a handful early on, but you handled it with a deft touch and ultimately proved yourself to be a great advocate for our family none the less.Thanks so much Bud!You have my eternal respect and gratitude.
Tim Cheredayko
Tim Cheredayko
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Tillmann helped me out a lot! Going over ever detail with the case from both sides and always informing me what is going to happen through out the case. Definitely recommend Tillmann Law!
A B
A B
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Rude. Classist. The receptionist needs some manners. Actually hung up when told was a low income family.
Justin W
Justin W
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I had the pleasure of working with Aaron and his team over the course of the last year. They were very professional and responsive. Dealing with injuries can be dreadful, but Aaron made it as painless as possible. I highly recommend.
Bonnie Thorn
Bonnie Thorn
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Aaron Tillmann and his entire staff were professional, empathetic and very knowledgeable. They assisted our family at a time when we were grieving the loss of our son with compassion and respect.
Tina Rutledge
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Arisbet Bustos
Arisbet Bustos
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I am very grateful and pleased with the services of Lawyer Aaron and his team work, especially Julia, who was always attentive to my concerns and resolved my doubts with a good attitude and empathy, and best of all, she speaks Spanish. Thank you so much!!!
Ken Pollett
Ken Pollett
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I was involved in a serious auto accident. Not that there is a good time to be in any accident, it just happened to be 2020. Tillman Law and support staff kept me in the loop as the court system was disarray with all the Covid issues. The staff was very professional and courteous. In a nutshell, they took care of me.
Jordan Bedrick
Jordan Bedrick
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My husband was in a bad car accident a few years back, and he was stopped due to traffic. He was behind a fuel truck, and someone rear-ended him, going 60mph. The worst part was our 6 mo old was in our and the truck was totaled beyond repair and my husbands back injured severly he ended up with 2 broken vertebrae. Our child had ptsd any time getting into a vehicle after that. Tillman made this right even though we couldn't do much for our son other comfort him and make car rides more comfortable from there on out Tillman was able to get my husband the money he deserved after the other driver was extremely negligent and either not paying attention or on his phone or something unfortunately this was during covid and when the police came they didnt do a single thing to check for any of that. We can't say enough good things about Aaron Tillman he gave us our hope back and the ability to have back surgery to repair a lot of his back issues due to the car wreck. So if you have been in an accident definitely call Tillman Law they're amazing super professional, kind and empathetic beings who will work for the best possible outcome for your case and fight they won't just roll over and play dead they spent about 2.5 years on my husbands case never giving up. He was always super honest with my husband and always communicated everything. So again, thank you, Aaron Tillman, and thank you to your law firm for working so tirelessly. We appreciate it more than you know.
Cassie Kocker
Cassie Kocker
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Aaron is great. He is professional and personable which makes you feel cared about during the process. He will provide advice and resources so that the process is smooth and renders positive results. I highly recommend!
Michael Darling (Mike Rich)
Michael Darling (Mike Rich)
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Still working with them to this day! Great firm great people. Much recommend
Brittany Sloan
Brittany Sloan
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I can’t recommend Tillman Law enough. We were in a sticky situation from a car accident in December and my partner was out of work for over a month. Aaron told us we may not be able to get those lost wages, but he would definitely try to fight the insurance for them and even then we might not see the money for a long time. It’s only been 3 1/2 months since the accident and we just got our lost funds today. Tillman Law was quick, efficient, and made this entire situation much less painful. I appreciate everything they’ve done for us.
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Jennifer nelson
Jennifer nelson
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Great experience
Oksana Pavlenko
Oksana Pavlenko
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Really pleased with my experience at Tillmann Law. Mr. Tillmann and his team were on top of my case, worked hard to answer any questions I had and finished my case in a timely manner. I was really happy with the outcome . Thank you!
Robert Swanson
Robert Swanson
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Tucker Earp
Tucker Earp
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Linette Figueroa
Linette Figueroa
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Mr. Tillman took care of my care seamlessly! He immediately hopped on my case immediately and guided me through the entire process. His team is professional, organized and well-resourced! He even went back to ensure the settlement was beyond fair. If you want someone who will fight tooth and nail on your behalf- Mr. Tillman is your lawyer!
Robert Aley
Robert Aley
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I am so happy to promote Aaron and his team. They did such an amazing job handling my case. Call them if you need service. I called him when I first needed help with my accident and he called me back within five minutes. This team is so great! I am so happy to have worked with them.
Teresa Ochoa
Teresa Ochoa
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Mr. Tillmann and his paralegal Jason were fantastic to work with! They were always available to answer my questions in a timely manner and delivered a very good outcome after I was rear ended. I would recommend their services to anyone.
Roro Roro
Roro Roro
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Amazing team at the Tillman Law, LLC . His work speaks for it self. Thank you for being professional and above all understanding to different people. God bless everyone that works there .
Mercury Nightstone
Mercury Nightstone
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Aaron and his staff, especially Jason, were all extremely courteous, timely, and professional. Highly recommend, truly appreciate your hard work!
Danielle Martin
Danielle Martin
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The Tillman Law Firm is amazing! I have been very pleased with everyone that I came in contact with concerning my case. They filed the case against the insurance company and fought hard in litigation to get what rightfully was taken from me. I would highly recommend them, they are the best in the Portland metro area!
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