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If you or someone you love has been impacted by a medical error, you may be wondering how to tell if what took place is an example of medical negligence or medical malpractice. Missouri medical law treats negligence and malpractice as distinct legal concepts, with different requirements for proving a case.
Understanding this distinction can significantly affect your ability to pursue compensation for medical injuries. A knowledgeable medical malpractice lawyer can help you evaluate your situation. Below, the experienced Kansas City medical law attorneys at Fowler Pickert Eisenmenger Norfleet explain the critical legal differences between negligence and malpractice and what you need to know as you determine the best path forward.
Table of Contents
The Foundation of Medical Negligence in Missouri Law
Medical negligence forms the broader legal framework that encompasses various types of healthcare provider failures. In Missouri, negligence occurs when a healthcare professional fails to exercise the degree of care, skill, and learning expected from a reasonably prudent healthcare provider in the same class acting under similar circumstances.
Missouri law also has specific parameters for what defines medical negligence and recognizes different types of negligence based on the degree of departure from accepted standards.
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Ordinary negligence involves a simple failure to exercise reasonable care.
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Gross negligence represents a conscious disregard for patient safety or an extreme departure from accepted medical practices.
Medical Malpractice as a Form of Negligence
In Missouri, medical malpractice is a specific subset of medical negligence that involves professional misconduct or unreasonable lack of skill by healthcare providers. Missouri courts define medical malpractice as the failure of a physician or other healthcare provider to use that degree of skill and learning ordinarily possessed and used by members of the profession in good standing. This definition emphasizes the specialized knowledge expected of healthcare providers.
How Malpractice Claims Are Categorized
Missouri also recognizes different categories of malpractice, including:
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Misdiagnosis
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Delayed diagnosis
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Surgical errors
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Medication mistakes
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Failure to obtain informed consent
Each category may have specific legal requirements and standards of proof that affect how the case proceeds through Missouri courts.
How Courts Determine Negligence vs. Malpractice
Missouri courts carefully distinguish between medical negligence and malpractice based on (!) the specific circumstances of a particular case and the (2) professional standards applicable to the healthcare provider involved. The courts consider factors such as the provider's training, the complexity of the medical decision, and accepted practices within the relevant medical specialty.
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In cases involving routine medical care, courts typically apply general negligence principles with medical expertise requirements.
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When a case involves specialized medical judgment or technical procedures, courts are more likely to classify the claim as medical malpractice.
Procedural Requirements Specific to Malpractice Claims
Missouri law has specific procedural requirements for malpractice cases that don't apply to general negligence claims. Plaintiffs must file an affidavit stating that they have consulted with a healthcare professional who has reviewed the facts and believes there is a reasonable basis for the claim.
Legal Standards in Negligence vs. Malpractice Cases
Missouri courts have established that the classification of negligence vs. malpractice affects not only the procedural requirements but also the substantive legal standards applied to the case.
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Malpractice cases require proof that the healthcare provider's conduct fell below the professional standard of care as established by expert testimony.
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General negligence cases may rely on more basic standards of reasonable care.
Relationship Factors Impact Malpractice vs. Negligence
Courts in Missouri also consider the relationship between the parties when determining whether to apply negligence or malpractice standards.
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The existence of a professional healthcare relationship triggers malpractice standards.
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Informal or emergency situations may be evaluated against the criteria for negligence.
Practicalities for Missouri Patients Considering Legal Action
The reality of medical malpractice in Missouri makes it especially important to understand the legal distinction between medical negligence and malpractice. This knowledge helps patients and their families make informed decisions about pursuing legal action and selecting appropriate legal representation.
Preparation and Cost Factors
Medical malpractice cases typically require more extensive preparation and higher upfront costs due to expert witness requirements and specialized procedural rules. Patients pursuing a malpractice claim should expect a longer case timeline and more detailed discovery process than with a negligence claim, as their legal counsel will have to establish the professional standard of care and demonstrate how it was breached by the defendant(s).
Damage Caps May Impact Compensation
The damage caps in Missouri malpractice cases also affect potential compensation, particularly for cases involving permanent disability or loss of life in which non-economic damages might otherwise be substantial. Patients should understand how these caps might impact their total recovery and factor this into their decision-making process.
Potential Settlement and Insurance Coverage Impact
The choice between pursuing a claim as medical negligence versus malpractice can also affect settlement negotiations and insurance coverage issues. Healthcare providers' malpractice insurance policies may have different coverage limits and settlement authority compared to general liability policies, which can impact the resolution of claims.
Need for Specialized Legal Expertise
The role of medical malpractice expert witnesses in building a compelling case is critical for Missouri patients pursuing a claim. Not all attorneys are equipped to handle these cases effectively, so successful representation requires working with lawyers who have access to qualified medical experts and experience with the specialized procedural requirements imposed by Missouri courts.
