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CalAttorney2, Attorney
Category: Personal Injury Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney with experience representing plaintiffs in personal injury matters.
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I have a lawyer who is doing my malpractice case and we are

Customer Question

I have a lawyer who is doing my malpractice case and we are going to be filing a lawsuit for malpractice as the insurance company did not want to participate in a pre -lawsuit resolution. I have been reading how risky it is to have to go to trial as the larger percentage of jury verdicts favor the Doctor and my lawyer has told me this. When I read about the word Malpractice it seems to mean intent. In other words do we have to prove the Doctor intended to harm me? If that is the case I asked my lawyer why can't we also say in the documents we are claiming Malpractice and Negligence.
There are elements to the case where I believe Malpractice did occur but also I feel it would be easier to prove negligence. I feel that the doctor deviated from the standard of practice , but I also feel alot of what happend was gross negligence and he needs to be held accountable for that. My question is why can't we name Malpractice and Negligence on the filing documents. If it goes to a jury I feel it would be a lesser offense they could rule on. I have read many articles from law firms about medical negligence vs. Malpractice and they say they are different and my lawyer keeps telling me they are the same. Help me understand this.
Submitted: 10 months ago.
Category: Personal Injury Law
Expert:  CalAttorney2 replied 10 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

Your attorney is correct, "Malpractice" is simply another term for "professional negligence"

Medical malpractice claims are based on expert testimony, this means you, or your attorney, will need to find a medical expert in the same, or similar field, to testify as to the standard of care in the industry, whether your physician or facility's conduct fell below that standard, and whether that negligence was the cause of your injury. The same (or a different) expert can then testify as to your projected future damages and cost of medical care.