The Difference Between Medical Malpractice and Medical Battery Law

Suffering injuries at the hands of a medical professional can be a difficult thing to comprehend. After all, you sought their help to treat or cure an injury or illness. Depending on the circumstances of your case, you may be the victim of medical malpractice or medical battery. First, you need to seek proper medical care to ensure your condition is stabilized. Next, you should consult with an experienced Bronx medical malpractice lawyer about taking legal action. Your attorney can review the facts of your case, determine if medical malpractice or medical battery occurred, and lay out a plan of action.

What is medical malpractice?

Medical malpractice occurs when, through act or omission, a medical professional acts negligently and causes a patient harm. There are many forms of medical malpractice, including surgical errors, birth mistakes, misdiagnosis, failure to diagnose, prescription mistakes, medication errors, anesthesia accidents, and more.

Surgeons, nurses, doctors, specialists, dentists and other healthcare professionals may all be liable for medical malpractice. It is important to understand that medical malpractice, while tragic, involves an unintentional mistake or accident — the doctor did not mean to cause you harm. Rather, as a result of their negligent action or inaction, you suffered harm. The statute of limitations for a medical malpractice suit is 2.5 years in New York.

What is medical battery?

The key difference between medical malpractice and medical battery is intention. While malpractice involves an unintentional act that leads to harm, medical battery occurs when a healthcare professional touches a patient without permission. For example, a surgeon who operates without the consent of a patient, is essentially committing assault, which is a criminal act, and is thus liable for damages. Depending on the circumstances, a medical battery defendant may face criminal charges as well as a civil lawsuit.

Bronx medical malpractice lawyer fights for you

At the Law Office of Evan W. Kohn, we have 30 years of experience representing medical malpractice and injury victims in the Bronx and throughout NYC. Call 718-409-5500 or contact us online to discuss your case with an experienced personal injury lawyer Bronx today.