menu

Scales of Justice

Reputation for Excellence

Medical Malpractice vs. Negligence: What’s the Difference?

Request Consultation / 856-317-6558
categories
Rating Methodology

Medical Malpractice vs. Negligence: What’s the Difference?

Medical Malpractice vs. Negligence, What’s the Difference?

If you have ever been injured by a medical provider’s mistake, you may be familiar with the words ‘medical malpractice’ or ‘negligence’. If you’re currently considering your options after being a victim of medical malpractice, understanding what each means and the difference between them is important to know.

What is Medical Malpractice?

Medical malpractice is a definition that describes a mistake made by a medical professional, such as a doctor or nurse. Medical professionals are required to follow a certain standard of practice, and when they fail to do this, they may be held responsible. An example of medical malpractice may include a labor and delivery doctor failing to monitor the mother and baby’s vitals.

What is Negligence?

Negligence is a definition that describes a mistake. Negligence may occur when a medical provider is rushed and fails to collect a detailed history of a patient. It may also include a situation in which a doctor ignores his patient’s symptoms because their mind is elsewhere or because they have scheduled too many patients.

Medical Malpractice vs. Negligence

The biggest difference between medical malpractice and negligence is intent. Negligence is usually a mistake and if the situation was different, the medical professional may have handled it differently. Medical malpractice is when a medical provider knows better, but still makes the wrong decision when treating a patient. The distinction between the two may be important if you have been recently injured by a medical provider’s mistake. While both types of mistakes may allow you to pursue compensation for damages, they are different case types.

Recoverable Damages in a Medical Malpractice or Negligence Case

If you’re injured due to the mistake or negligence of a medical provider, you’re likely to be subject to a series of costs. You may have to pay for follow-up medical care or prescriptions. Depending on the extent of the damages, you may not be able to return to work until you have recovered. In certain cases, such as those that involve birth injuries, your and your family’s life may never be the same again.

The state of New Jersey allows the recovery of damages like:

  • Medical costs, both short and long-term
  • Temporary and permanent childcare costs
  • Lost wages or diminished earning capability
  • Pain and suffering

If you’re not sure what costs you’re entitled to, it can be helpful to work with a medical malpractice lawyer. Medical malpractice and negligence cases can be tricky to prove. They often require in-depth investigation and the collection of expert witnesses. For this reason, it’s important to choose a lawyer who is familiar with medical malpractice laws in New Jersey. 

A medical malpractice lawyer can not only help you collect the evidence you need to prove your case, but they can also help ensure you stay within New Jersey’s time limits. It’s crucial to stick to the state’s statute of limitations to avoid your case being thrown out in court. Exceeding the time limits could result in you missing out on the compensation you deserve and are entitled to.

Contact A Medical Malpractice Attorney for a Consultation About Your Medical Malpractice Case in New Jersey

Were you or a loved one injured due to medical malpractice in New Jersey? Then you need to talk to an experienced medical malpractice lawyer as soon as possible for guidance on how to proceed. The Haddon Township medical malpractice attorneys at the Law Offices of Andres & Berger P.C. are prepared to assist you with your legal claim. We represent victims of negligent surgeons, doctors, nurses, and pharmacists throughout New Jersey, including Collingswood, Haddonfield, Gloucester Township, and Pennsauken. Call us today at (856) 795-1444 or fill out our online contact form to schedule a consultation. Our main office is located at 264 Kings  Hwy E, Haddonfield, NJ 08033.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

standing around table

Sharon Smith

Mike Berger and staff were professional, pleasant, strategic and knowledgeable. The office always kept me informed about my case and moved the case along quicker than I expected. I would highly recommend them to anyone !!

Kathryn N.

Thank you from the bottom of my heart. Reliable, honest, driven, knowledgeable, compassionate, and highly respected among colleagues and medical professionals [...] fought for me during times when I wasn’t strong enough to fight for myself. The Andres & Berger law firm understands Complex Regional Pain Syndrome (CRPS) [...] thank you for your support and guidance over the years.

Mike V.

Mike Berger of Andres & Berger handled my case over a six year period. He and the team examined every detail to get the best outcome. They were honest, candid and communicative throughout the whole process. It was a long ordeal but could not have been handled more professionally. I highly recommend.

Yadira R.

I just want to say thank you for what you have done for me and my family throughout the years. You made us feel like family, not just clients. You were always very detailed when it came to our cases and tried everything in your power to get us all the help we needed.

Gregory W.

Our family appreciated your unfailing attention to detail. There were last minute snags, we seldom worried that something would fall through the cracks, but you anticipated every contingency. Your firm demonstrated a veracity for the truth, a strong work ethic and overall impeccable character in dealing with our case.

01 / 05

Results may vary depending on your particular facts and legal circumstances.

case results

View All Case Results

$9.2million

Settlement/

Anesthesia Malpractice

$1.6million

Settlement/

Birth Injury

$900thousand

Recovery/

Nursing Home Malpractice

$10.0million

Settlement/

Gas Explosion

$4.6million

Settlement/

Auto Accident

$855thousand

Settlement/

Slip & Fall

Areas We Serve

  • Burlington County
  • Bass River
  • Beverly
  • Bordentown City
  • Bordentown Township
  • Burlington City
  • Burlington Township
  • Chesterfield
  • Cinnaminson
  • Delanco
  • Delran
  • Eastampton
  • Edgewater Park
  • Evesham
  • Fieldsboro
  • Florence
  • Hainesport
  • Lumberton
  • Mansfield
  • Maple Shade
  • Medford Lakes
  • Medford Township
  • Moorestown
  • Mount Holly
  • Mount Laurel
  • New Hanover
  • North Hanover
  • Palmyra
  • Pemberton Borough
  • Pemberton Township
  • Riverside
  • Riverton
  • Shamong
  • Southampton
  • Springfield
  • Tabernacle
  • Washington Township
  • Camden County
  • Ashland
  • Audubon
  • Audubon Park
  • Barclay CDP
  • Barrington
  • Bellmawr
  • Berlin
  • Blackwood
  • Brookfield
  • Brooklawn
  • Camden
  • Cherry Hill
  • Chesilhurst
  • Clementon
  • Collingswood
  • Echelon
  • Ellisburg
  • Gibbsboro
  • Glendora
  • Gloucester City
  • Golden Triangle
  • Greentree
  • Haddon Heights
  • Haddonfield
  • Hi-Nella
  • Kingston Estates
  • Laurel Springs
  • Lawnside
  • Lindenwold
  • Magnolia
  • Merchantville
  • Oaklyn
  • Pine Hill
  • Pine Valley
  • Runnemede
  • Somerdale
  • Springdale
  • Stratford
  • Tavistock
  • Wood-Lynne
  • Cape May County
  • Avalon
  • Cape May Point
  • Cape May
  • Dennis Township
  • Lower Township
  • Middle Township
  • North Wildwood
  • Ocean City
  • Sea Isle City
  • Stone Harbor
  • Upper Township
  • West Cape May
  • West Wildwood
  • Wildwood Crest
  • Wildwood
  • Woodbine
  • Cumberland County
  • Bridgeton
  • Cedarville
  • Fairton
  • Laurel Lake
  • Millville
  • Port Norris
  • Rosenhayn
  • Seabrook Farms
  • Shiloh
  • Vineland
  • Gloucester County
  • Beckett
  • Clayton
  • Gibbstown
  • Glassboro
  • Mullica Hill
  • National Park
  • Newfield
  • Oak Valley
  • Paulsboro
  • Pitman
  • Richwood
  • Swedesboro
  • Turnersville
  • Victory Lakes
  • Wenonah
  • Westville
  • Williamstown
  • Woodbury
  • Woodbury Heights
  • Mercer County
  • Groveville
  • Hamilton Square
  • Hightstown
  • Hopewell
  • Lawrenceville
  • Mercerville
  • Pennington
  • Princeton
  • Princeton Junction
  • Robbinsville
  • Trenton
  • Twin Rivers
  • White Horse
  • Yardville
  • Ocean County
  • Barnegat
  • Barnegat Light
  • Bay Head
  • Beach Haven
  • Beach Haven West
  • Beachwood
  • Cedar Glen Lakes
  • Cedar Glen West
  • Crestwood Village
  • Dover Beaches North
  • Dover Beaches South
  • Forked River
  • Harvey Cedars
  • Holiday City South CDP
  • Holiday City-Berkeley CDP
  • Holiday Heights
  • Island Heights
  • Lakehurst
  • Lakewood
  • Lavallette
  • Leisure Knoll
  • Leisure Village
  • Leisure Village East
  • Leisure Village West
  • Manahawkin
  • Mantoloking
  • Mystic Island
  • New Egypt
  • North Beach Haven
  • Ocean Acres
  • Ocean Gate
  • Pine Beach
  • Pine Lake Park
  • Pine Ridge at Crestwood
  • Point Pleasant Beach
  • Point Pleasant
  • Seaside Heights
  • Seaside Park
  • Ship Bottom
  • Silver Ridge
  • South Toms River
  • Surf City
  • Toms River
  • Tuckerton
  • Vista Center
  • Waretown
  • Salem County
  • Alloway
  • Carneys Point
  • Elmer
  • Hancocks Bridge
  • Olivet
  • Pedricktown
  • Penns Grove
  • Pennsville
  • Quinton
  • Salem
  • Woodstown
  • Philadelphia
  • Bella Vista
  • Callowhill
  • Chinatown
  • East Passyunk
  • Fairmount
  • Fishtown
  • Graduate Hospital
  • Logan Square
  • Market East
  • Midtown Village
  • Northern Liberties
  • Old City
  • Pennsport
  • Powelton Village
  • Queen Village
  • Rittenhouse Square
  • Society Hill
  • Spring Garden
  • Spruce Hill and Cedar Park
  • University City
  • Washington Square West
  • Bucks County
  • Bristol
  • Brittany Farms - The Highlands CDP
  • Chalfont
  • Churchville
  • Cornwells Heights
  • Croydon
  • Doylestown
  • Dublin
  • Eddington
  • Fairless Hills
  • Feasterville
  • Hulmeville
  • Ivyland
  • Langhorne
  • Langhorne Manor
  • Levittown
  • Milford Square
  • Morrisville
  • New Britain
  • New Hope
  • Newtown
  • Newtown Grant
  • Penndel
  • Perkasie
  • Plumsteadville
  • Quakertown
  • Richboro
  • Richlandtown
  • Riegelsville
  • Sellersville
  • Silverdale
  • Spinnerstown
  • Trevose
  • Trumbauersville
  • Tullytown
  • Village Shires
  • Warminster Heights
  • Woodbourne
  • Woodside
  • Yardley
  • Montgomery County
  • Ambler
  • Arcadia University CDP
  • Ardmore
  • Audubon
  • Blue Bell
  • Bridgeport
  • Bryn Athyn
  • Bryn Mawr
  • Collegeville
  • Conshohocken
  • Eagleville
  • East Greenville
  • Evansburg
  • Flourtown
  • Fort Washington
  • Gilbertsville
  • Glenside
  • Green Lane
  • Halfway House
  • Harleysville
  • Hatboro
  • Hatfield
  • Haverford College CDP
  • Horsham
  • Jenkintown
  • King of Prussia
  • Kulpsville
  • Lansdale
  • Maple Glen
  • Montgomeryville
  • Narberth
  • Norristown
  • North Wales
  • Oreland
  • Penn Wynne
  • Pennsburg
  • Plymouth Meeting
  • Pottsgrove
  • Pottstown
  • Red Hill
  • Rockledge
  • Royersford
  • Sanatoga
  • Schwenksville
  • Skippack
  • Souderton
  • Spring House
  • Spring Mount
  • Stowe
  • Telford
  • Trappe
  • Trooper
  • West Conshohocken
  • Willow Grove
  • Woxall
  • Wyncote
  • Wyndmoor
Firm Award
Firm Award
Firm Award
Firm Award
Firm Award
Firm Award
Firm Award
Firm Award
Firm Award
Firm Award
View Rating Methodology

No aspect of this advertisement has been approved by the Supreme Court of New Jersey