How Is Medical Malpractice Different from Negligence

Difference Between Negligence and Malpractice

When a doctor or hospital fails to provide you with proper medical care, the situation may involve negligence, medical malpractice, or both. Negligence can happen without intentional wrongdoing but still causes harm to the patient. Intentional medical malpractice is more serious and can cause you significant harm. Medical malpractice and negligence can both lead to worsened medical conditions, increased medical expenses, loss of income, and emotional suffering. Determining whether medical negligence vs malpractice is involved requires investigation—and an experienced attorney can help you prove liability, understand your rights, and seek compensation for the damages you’ve suffered due to substandard care.

What Is Medical Malpractice?

When a doctor, nurse, or hospital fails to meet the accepted standard of care resulting in harm to a patient it is called medical malpractice. It can include diagnosis mistakes, errors in treatment, aftercare, or health management. To be considered medical malpractice, it must include a breach of the standard of care, direct harm to the patient, and damages like pain and suffering, lost wages, and medical expenses. Examples of medical malpractice are surgical errors, misdiagnoses, or neglect in a medical facility. 

What Is Negligence?

Medical negligence is when a healthcare professional doesn’t give a patient the standard level of care, causing them harm or injury. Negligence doesn’t always involve intentional wrongdoing like medical malpractice does, but includes incompetent care. An example of medical negligence is giving a patient the wrong medication. Proving medical negligence requires a lawyer to show that the provider’s actions or inactions didn’t follow accepted standards of care and caused the patient harm.

What Is the Difference Between Medical Malpractice and Negligence?

Many clients ask, "What is the difference between medical malpractice and negligence?" While the terms are related, they’re not the same.

• Medical malpractice vs negligence involves intent and severity.

• Negligence refers to unintentional errors that fall below the accepted standard of care.

• Malpractice, however, implies a more serious breach—reckless behavior or willful disregard for patient safety.

Some other common questions include:

• How does medical malpractice differ from negligence?

• What’s the difference between malpractice and negligence?

• What is medical malpractice negligence?

• Difference between malpractice and negligence

In legal claims, identifying the correct category is crucial. Whether it’s medical negligence and malpractice, or just one, can affect how damages are assessed and which parties are held accountable.

The Legal Requirements for Medical Malpractice

The elements of a medical malpractice tort are:

Duty of Care: A provider-patient relationship establishes the obligation to provide care.

Breach of Duty: The provider failed to meet accepted medical standards.

Causation: The breach caused the patient harm or injury.

Injury or Harm: The patient suffered physical, emotional, or financial harm.

Damages: The harm resulted in measurable losses, such as medical costs or lost income.

Negligence vs. medical malpractice claims

The distinction between negligence vs malpractice can influence the outcome of your case. The difference between medical malpractice and negligence is whether the mistake or lack of care was intentional. If proof can show the mistake or action was intentional, then a medical malpractice claim can be pursued. Negligence involves unintentional carelessness or failure to act reasonably, while malpractice includes a more serious breach, involving recklessness or willful disregard for patient safety. Malpractice has more serious legal consequences and larger claims for damages due to misconduct. If the medical action didn’t cause harm, the patient can’t sue for medical malpractice or negligence because these fall under personal injury law so harm must have occurred to file a claim. 

How to prove medical malpractice

Attorneys prove medical malpractice by demonstrating that medical malpractice caused you harm. Your attorney will evaluate your case, review your medical records and the timeline of events as well as your damages to see if it meets malpractice criteria, including establishing duty of care, breach of duty, causation, and damages. They often consult with medical experts. During discovery, they gather evidence to build the case. They draft and file the complaint with the court, initiating the lawsuit and seeking damages. Personal injury attorneys are skilled at negotiating settlements but will take your case to trial if none is reached. The process requires both medical and legal expertise to build and litigate your case. If your claim involves malpractice and negligence, your attorney will evaluate both elements carefully.

Can Negligence Lead to Medical Malpractice Claims?

Negligence can lead to medical malpractice claims when it results in harm to a patient. Many medical malpractice negligence lawsuits originate from careless or inattentive actions that escalate into serious injury. In legal terms, negligence becomes malpractice when it results in significant harm and there’s a clear breach of duty. To demonstrate negligence escalated to malpractice, duty of care, breach, causation, and damages need to be established. Personal injury claims hold negligent parties accountable and help victims recover from their losses.

When to File a Negligence Claim Against a Healthcare Provider

Since most states have a statute of limitations, which establishes a deadline for submitting a claim and usually ranges from one to three years, timing is important when it comes to suing for medical negligence. If you’ve suffered harm and suspect medical negligence, consult a lawyer promptly to protect your rights and preserve evidence. Speaking with a lawyer who specializes in medical negligence claims can help determine if your case is strong and ensure you meet the legal requirements of filing within the timeframe.

Common Defenses in Medical Malpractice Lawsuits

Common defenses in medical malpractice lawsuits include arguing there was no breach of the standard of care, or asserting the harm was caused by a pre-existing condition or factors unrelated to the provider’s actions. Providers may also use comparative negligence, suggesting the patient’s actions contributed to their injury, or invoke the statute of limitations if the lawsuit was filed too late. These defenses can be difficult to overcome without legal counsel—especially when a claim involves the difference between medical negligence and medical malpractice.

Filing Both Medical Malpractice and Negligence Claims

Filing both medical malpractice and negligence claims may be possible when a healthcare provider's actions include overlapping legal grounds. A negligence claim could address administrative errors, such as a hospital's failure to verify a provider’s credentials, while a malpractice claim focuses on the provider’s medical errors. Filing both claims may capture the full scope of harm caused by different parties or aspects of care. An experienced attorney to determine the best approach for your case.

Why You Need a Lawyer for Your Medical Malpractice or Negligence Case

Personal injury attorneys have the expertise to handle your medical malpractice or negligence lawsuit. They work together with medical experts to build a compelling case and win. They will fight for fair compensation for you and advocate for your rights. It's challenging to prove causation and counter defense strategies without a skilled personal injury attorney. 

Since 1986, Curan & Ahlers has recovered millions of dollars for our clients in medical malpractice and medical negligence cases in New York.  If you’ve experienced harm or injury from a medical provider or in a hospital or medical facility, schedule a free consultation with our attorneys so they can review your case. You deserve to be fully compensated for your damages and we will fight for your rights. We never charge fees until we win your case. If you’re looking for the best medical malpractice attorneys, you’ll find them at Curan & Ahlers.