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While you may have heard the terms medical malpractice and medical negligence used interchangeably, there are important distinctions between the two concepts. In this article, you will gain a nuanced understanding of how malpractice and negligence differ in the healthcare context. With clear explanations and illustrative examples, you will learn when a doctor or hospital’s lapse in care rises to the level of legal malpractice versus simple negligence. After reading, you will be better equipped to determine if you have grounds to pursue a malpractice lawsuit or if an adverse outcome was an unfortunate result of acceptable medical error. The article provides guidance on your options and recourse if you believe a healthcare provider breached their duty and harmed you or a loved one through negligent treatment or true malpractice.
Defining Malpractice and Negligence
Malpractice refers to professional misconduct or unreasonable lack of skill by a licensed professional, such as a doctor, lawyer, or accountant. It means the professional failed to exercise the degree of skill and learning commonly applied under all the circumstances in the community by the average prudent reputable member of the profession with the result of injury, loss, or damage to the client.
Negligence refers to the failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation, which results in damage or injury. Unlike malpractice, negligence does not necessarily involve a professional relationship. Anyone who fails to act as a reasonably prudent person can be found negligent.
Malpractice
Medical malpractice, for example, refers to negligence, errors, or omissions by a doctor or other healthcare professional that result in harm to a patient. There are four elements required to prove malpractice: duty, breach of duty, causation, and damages. The plaintiff must show the professional had a duty of care, breached that duty by failing to adhere to the standard of care, the breach caused the injury, and actual damages resulted.
Negligence
Negligence does not require a professional duty of care. It applies to everyone in any situation. To prove negligence, the plaintiff must show: the defendant owed them a duty of care, the defendant breached that duty through action or inaction, the breach caused the plaintiff’s injuries or damages. For example, a store owner who fails to put up a “Caution – Wet Floor” sign after mopping the floor could be found negligent if a customer slips and falls.
In summary, malpractice and negligence are similar in that they both involve a breach of a duty of care resulting in harm. However, malpractice applies specifically to professionals and requires a failure to meet the standard of care in that profession. Negligence is a broader concept that applies to everyone and simply requires a failure to act with reasonable care. Both can form the basis of a civil lawsuit to recover damages caused by the breach of duty.
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Key Differences Between Malpractice and Negligence
Legal Definitions
Malpractice refers to the improper or unethical conduct of a professional, such as a doctor or lawyer. Negligence refers to the failure to exercise proper care that a reasonable person would exercise in the same situation. Both malpractice and negligence can lead to legal liability if the improper conduct results in harm. However, malpractice only applies to professionals, whereas negligence can apply to anyone.
Required Duty of Care
For malpractice to occur, there must be a duty of care established between the professional and the client. Doctors, for example, have an obligation to meet a certain standard of care for their patients. For negligence, a duty of care may arise in any situation where one person’s actions could reasonably be expected to affect another person. This duty of care is more general and not specific to a professional relationship.
Standard of Care
The standard of care refers to the level of competence and skill expected of a professional. Malpractice occurs when a professional fails to meet the standard of care for their industry or specialty. The standard of care for negligence is the level of care that would be exercised by a reasonable person in the same circumstances. It does not require any specialized skill or training. Malpractice may require expert testimony to establish the appropriate standard of care, whereas negligence can be determined based on common knowledge.
Damages
For either malpractice or negligence to be legally actionable, the improper conduct must result in harm or damages. Damages could include physical injuries, financial losses, pain and suffering, loss of enjoyment of life, and other impacts. If the substandard conduct did not actually cause any harm or damages, it may not provide grounds for a viable lawsuit, even if malpractice or negligence occurred.
In summary, the key differences between malpractice and negligence lie in the relationship and duty of care between the parties, the standard of care required, and the need for expert testimony. Both can lead to legal liability and damages, but malpractice applies specifically to the actions of professionals, whereas negligence is a broader concept. By understanding these differences, you can determine whether malpractice, negligence, or both may be involved if improper conduct leads to harm.
Examples of Malpractice vs Negligence Cases
Misdiagnosis or Delayed Diagnosis
If a doctor fails to diagnose or delays diagnosing a patient’s medical condition that causes them harm, it can constitute medical malpractice. For example, if a doctor does not recognize the symptoms of a heart attack or cancer and it leads to injury or death, the doctor and hospital may face a medical malpractice lawsuit. Negligence refers more to carelessness or a lack of due care. If a physician is careless in conducting tests or evaluating symptoms but a misdiagnosis is not proven, negligence may be claimed.
Medication Errors
When a physician, nurse or pharmacist provides the wrong medication, incorrect dosage or dosage schedule, it can lead to patient harm and a malpractice claim. Administering a drug to which a patient is allergic or that dangerously interacts with another medication they are taking would qualify as malpractice. Negligence refers more to careless mistakes, such as a nurse giving a patient the incorrect dosage by accident due to not double-checking the doctor’s orders. Although still negligent, if there was no proven injury to the patient, it may not reach the level of malpractice.
Surgical Errors
Errors made during surgery, such as operating on the wrong body part, instrument left inside the patient, dangerous blood transfusions, or post-surgical infections due to poor hygiene can all lead to malpractice lawsuits. Not following surgical standards of care and acceptable safety protocols would qualify as malpractice. Negligence during surgery may refer more to a surgeon being careless or inattentive in some way, but where a surgical error does not actually occur or cause injury. Although negligent, without proof of harm, it may be difficult to prove malpractice.
In summary, while negligence refers to a lack of due care or attention on the part of a healthcare professional, medical malpractice specifically refers to negligence that causes injury or harm to a patient. Both may lead to legal consequences, but malpractice typically allows for higher damages. Patients should understand the difference between the two when pursuing a medical lawsuit.
Proving Malpractice vs Negligence
To prove malpractice, you must show that a doctor-patient relationship existed and the doctor failed to meet the standard of care, causing harm. Establishing negligence has similar requirements. However, malpractice involves a specialized standard of care applying to doctors and healthcare, while negligence uses a ‘reasonable person’ standard.
Doctor-Patient Relationship
For either claim, you must prove a doctor-patient relationship existed, establishing the doctor’s duty to treat you with reasonable care. This means showing the doctor agreed to diagnose or treat your condition.
Failure to Meet Standard of Care
For malpractice, you prove the doctor failed to meet the standard of care expected of a reasonably competent doctor in that field of medicine. For negligence, you show the doctor failed to act as an ordinarily prudent person would under the circumstances. The malpractice standard of care is more specialized.
Harm Caused
You must prove the doctor’s breach of duty caused harm. For malpractice, harm includes injuries, worsened conditions, missed opportunities for treatment, and avoidable pain or suffering. For negligence, harm covers physical, emotional, and financial injuries. In some cases, negligence allows recovery for pure economic loss, unlike malpractice.
Damages
To recover in either malpractice or negligence, you must prove damages, such as additional medical bills, lost work and wages, pain and suffering, or wrongful death. While the claims have similarities, key differences in the standards of care and types of recoverable damages can determine whether malpractice or negligence is more appropriate for your situation. Speaking with a qualified medical malpractice attorney is the best way to evaluate your options.
Malpractice vs Negligence: FAQs
Malpractice refers to negligence or improper treatment by a professional, such as a doctor, lawyer, or accountant, that causes injury or loss to another person. For medical malpractice, it means a doctor or other healthcare provider deviated from the accepted medical standard of care. To prove malpractice, four elements must be established:
I) A professional duty owed to the patient. Doctors, nurses, and hospitals have a duty to provide competent medical care.
II) Breach of the duty. The medical professional failed to comply with the standard of care expected of a reasonably prudent healthcare provider. This could be through an act of commission (doing something wrong) or omission (failing to do something).
III) The breach caused an injury. The medical professional’s failure to meet the standard of care resulted in harm to the patient.
IV) The injury led to specific damages. The harm led to further medical costs, lost work, or other expenses.
Conclusion
Understanding the difference between malpractice and negligence is critical for healthcare professionals. While they may seem similar on the surface, the legal implications are vastly different. Malpractice denotes a failure to provide appropriate care that directly causes patient harm. Negligence refers to general carelessness without meeting the legal threshold for malpractice. As medical providers, we all strive for excellence and to uphold ethical standards. However, mistakes inevitably occur. In these moments, reflect carefully before reacting. Seek wise counsel to determine the best path forward, taking responsibility while also extending grace to yourself. Our calling is a noble yet heavy one. By learning from errors with humility, we can continue serving with compassion.
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