What is the Difference Between Medical Malpractice and Negligence in a PI Claim?

Lever & Ecker, PLLC April 28, 2022 Personal injury

Negligence is the most common basis for bringing a personal injury claim. In instances where you become injured or suffer harm because of someone else’s negligent behavior, you may hold them accountable and recover compensation for your damages.

There are many types of negligence and personal injury categories. Understanding the type of negligence you suffered will allow you to better understand the litigation process surrounding your case. An experienced lawyer will help you understand the type of injury claim you have and determine the best possible actions for your claim. Having an experienced personal injury lawyer represent you is essential to receive the justice you deserve. The White Plains medical malpractice attorneys at Lever & Ecker, PLLC, have the knowledge and resources to provide you with the legal advice you can trust. 

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

 Negligence can take on several different forms, including general negligence and medical malpractice. Consider the difference between general (or non-medical) negligence and medical malpractice:


Broadly defined, negligence is a failure to act prudently, or reasonably when you owe another person a duty to do so. Said another way, negligence occurs when a person acts in a careless manner and either directly or indirectly causes harm or injury to someone else. Some examples include:

  • A driver who causes an accident through their own actions, such as poor driving, texting, etc.
  • A supermarket’s failure to provide adequate warnings where there is a slippery floor
  • A property owner who fails to repair a dangerous condition on their property

Generally, accidents caused by negligent behavior could have easily been avoided had the negligent party acted with proper care. If you have been injured due to someone else’s negligence, it is important to seek immediate medical attention.

Medical Malpractice

Medical malpractice is a very specific type of negligence that applies to doctors and other medical care providers who violate the standard of care in diagnosing, treating, or operating on their patients. Medical malpractice can occur in a variety of scenarios: : 

  • Surgical Errors
  • Medical Misdiagnoses
  • Medication Errors
  • Birth Injuries
  • Failure to diagnose cancer
  • Failure to timely and properly treat infection

The commission of medical malpractice can be quite serious and can lead to severe, life-threatening injuries. However, proving malpractice is often complicated and costly. Therefore, the lawyers at Lever & Ecker, PLLC, work with the appropriate medical experts to investigate the malpractice and determine exactly what happened, why, and who is to blame. .. 

Should You Contact a New York Personal Injury Lawyer?

The injuries you suffer due to another individual’s negligence or a doctor’s malpractice can cause long-term disabilities and change your life forever. You have the right to seek compensation for your losses and harm with the representation of an experienced lawyer.

Damages that you may recover in a medical malpractice claim include:

  • Pain and suffering (past and future)
  • Loss of income, benefits, and future earnings
  • Loss of enjoyment of life
  • Cost of diagnosing and treating the harm caused by malpractice
  • Cost of ongoing personal care and long-term medical treatment
  • Permanent disabilities, disfigurement, impairments, and scarring

There are many complicated steps within a negligence or medical malpractice claim. A high-quality personal injury attorney will gather essential documents and guide you through the legal and medical process.

Speak With an Experienced New York Negligence and Medical Malpractice Lawyer Today

One of the best ways to protect your rights is to seek honest legal representation you can rely on and trust. Working with a Lever & Ecker, PLLC negligence and medical malpractice lawyer gives you access to best-in-class resources and advice. We understand that every case and person is unique, so our award-winning lawyers tailor their services to each client’s needs. With 60+ years of combined legal services to clients across New York, you can depend on us to pursue the best possible outcome for your case. 

Looking to schedule a free consultation with one of our lawyers? Call (914) 288-9191 or (718) 933-3632 and fill out our contact form to set up an appointment today. 

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