What’s the difference between medical malpractice and negligence?

Medical Doctor and Patient – Malpractice or Negligence
Medical wrongdoings could be negligence or malpractice.

Ever wonder what the difference is between medical malpractice and medical negligence? You are not alone.

Because the two terms are often used interchangeably, it can be hard to understand which term is correct and in which situations. The ability to understand the differences, however, can help you identify when a wrongdoing occurs.

Let’s take a look at the meanings of medical malpractice and medical negligence:

Medical malpractice is when the trust between a medical professional and a client has been breached with intent. In other words, the medical professional intended to harm the client.

To break it down further, malpractice occurs when a duty was owed yet never followed through, when the standard of care was not followed, when the breach caused injury or death, or when the patient was negatively affected by the damage – monetarily, physically or emotionally.

Medical negligence occurs when a medical professional fails to take action but with no intent to harm the client. This can mean the medical professional simply did nothing or did nothing out of ignorance. In some cases, medical negligence can lead to a malpractice case.

As you can see, the main difference between medical malpractice and medical negligence is the idea of intent. Did the medical professional intend to hurt the client?

However, malpractice and negligence cases can be much more complicated. To seek advice about a legal matter, we recommend you obtain a referral to an experienced malpractice attorney.

For more information about medical malpractice or negligence:

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