Medical Malpractice vs Negligence in Missouri

These terms might seem similar and can be used interchangeably; however, malpractice vs negligence refers to distinct legal concepts, especially in Missouri. In terms of healthcare, they dictate the kind of claim instituted and the means of proof required. If you’re in St. Louis, understanding these differences can help you assess your rights and decide if legal action is the right step. Burger Law is here to help you navigate these complexities and fight for the justice you deserve

This blog post looks at the differences between medical negligence and malpractice, how they overlap, and their varying ramifications. It will help you determine when you can pursue a possible legal claim. Whether it’s for you or a loved one, we will help you through it.

What is the Main Difference Between Negligence and Malpractice?

Negligence may be defined as a lack of reasonable care, while malpractice refers to professional negligence. Malpractice is a specialized form of negligence directed at professionals. It deals with those who fall short of the requisite standard of care in ordinary scenarios, such as running a red light by a driver. Malpractice, on the other hand, involves somebody in a specialized field, like a doctor or a nurse, failing to abide by the standards of that specialty.

The Missouri Department of Health & Senior Services defines negligence as a deviation from the standard of care expected of any individual. Malpractice, in contrast, applies to professionals whose actions fall below the industry standard for someone with their skills and training.

Examples of Medical Negligence

Healthcare negligence isn’t always about major mistakes; it can include everyday oversights like not monitoring vital signs, improper sanitation, or incorrect medication dosages. Anyone in a healthcare setting, not just licensed practitioners, can contribute if basic care standards aren’t met.

Examples of Medical Malpractice

Medical malpractice occurs when a licensed professional fails to meet the standard of care, such as leaving surgical tools inside a patient, misdiagnosing an illness, or prescribing harmful medication due to negligence. Missouri law requires higher proof of malpractice, given the assumption of specialized training and judgment.

Similarities of Negligence and Malpractice

While the nuances differ, both negligence and malpractice share key elements that victims must demonstrate to pursue a claim:

• Duty: The existence of a duty of care owed to the victim.
• Breach of Duty: Proof that the person or professional failed to meet that duty.
• Causation: Evidence showing that the breach directly led to the harm suffered.
• Damages: Documented harm, such as physical injury or emotional distress, resulting from the breach.

Despite their differences, both negligence and malpractice can severely impact a patient’s life, demanding accountability from those at fault.

Consequences of Malpractice vs Negligence

The outcomes of medical malpractice and negligence vary by case. Malpractice often leads to more severe consequences, involving a breach of duty by a trusted medical professional. Examples include prolonged treatment due to errors, emotional distress from mistakes, or even permanent disability or death.

While negligence cases can be more serious, such negligence may result in minimal injuries, including minor infections with unsanitary tools or slowed recoveries based on oversights. Both situations warrant fair compensation for medical expenses, lost wages, or emotional suffering. Working with a medical malpractice attorney will help hold the responsible parties accountable.

When Can You Sue for Negligence or Malpractice?

Missouri law sets specific timelines for filing injury lawsuits caused by malpractice or negligence. Under Section 516.105 of Missouri’s civil code, most claims must be filed within two years of the incident. However, there are exceptions:

• Discovery Rule: If the harm wasn’t immediately obvious, such as a surgical tool left inside a patient, the timeline starts when the negligence is discovered.
• Minors: Claims involving children under 18 may be filed until their 20th birthday.
• Fraudulent Concealment: If a provider hides their mistake, the timeline could be extended.

Understanding these rules can be tricky. A malpractice attorney can help assess your case and ensure you meet the deadline.

Get Help from a Medical Malpractice Attorney in St. Louis

Experiencing harm due to negligence or malpractice can be overwhelming, but you don’t have to navigate it alone. At Burger Law, our dedicated team is here to help St. Louis residents pursue justice and secure the compensation they deserve. We are committed to protecting your best interests every step of the way. Call us today at (314) 500-HURT to schedule a consultation and take the first step toward justice.