Saturday, May 15, 2010

What is the difference between Medical Malpractice and Medical Negligence?

My finance had some dental work done that the dentist completely screwed up. (A procedure that she was originally told was going to take 3 weeks is now in its 7th month, and we're making an emergency trip to another dentist this afternoon because something just broke.)





I want to explore legal actions against her original dentist because of all the lost wages, time, and emotional %26amp; physical suffering she's experienced as a result of this -- not to mention the additional money that is coming out of our pockets to fix what he screwed up.





However, I'm wondering if the dentist has actually committed "malpractice" or if he just didn't really know what he was doing. Is there a difference between the two? What is the legal definition for medical malpractice? Is there a certain "threshold" that needs to be met? (This is taking place in Maryland, by the way.)





Thanks!

What is the difference between Medical Malpractice and Medical Negligence?
Malpractice means that you DID something wrong that you should have known was wrong.





Negligence means that you failed to do something that you should have done.





Most suits against professionals have both a malpractice %26amp; negligence component.





In general there is no threshold, you just need to show damages. There will be a threshol on the insurance but that's not your problem


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