Legal Question in Personal Injury in California
Does injury caused by mammogram technician fall under negligence or malpractice?
4 Answers from Attorneys
It would fall under medical malpractice.
Malpractice is merely negligence in a professional capacity. The only difference between common negligence and malpractice is the standard for determining whether a person was negligent. For simple negligence, the measure is the standard of care that would be exercised by an ordinary person exercising ordinary care. If a person does not exercise that ordinary degree of care or better, they are said to be negligent. With malpractice the standard of care is the normal standard of care in the profession in question, when doing the thing that the professional was doing. If the professional does not exercise the degree of care that is the standard in the profession, they are said to have been professionally negligent, also called committing malpractice.
Malpractice is a specific type of negligence.
It depends if the health care provider breached a duty they owed you causing you damages.
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