A misplaced screw during spinal surgery, that leaves a patient paralyzed, or a surgeon accidentally severing a bile duct during a routine surgery to remove gallstones may seem unimaginable. Unfortunately, these were real cases cited by the World Laparoscopy Hospital as examples of surgical negligence. Both resulted in medical malpractice lawsuits.
So were these cases of negligence or malpractice? The two terms are often confused or used interchangeably but have subtle differences.
Anyone can be negligent, but malpractice specifically applies to licensed professionals. Other key differences include standard of care and intent. Understanding the distinction between negligence versus malpractice impacts how legal claims are filed, pursued, and resolved and can affect both individuals seeking redress and professionals facing potential liability.
Read on to learn more.
Negligence Versus Malpractice: Definitions and Basic Concepts
Understanding the definitions of negligence versus malpractice can help differentiate these two concepts. Negligence is the failure to exercise a level of care that a reasonable individual would in similar circumstances. The oversight results in another person being harmed.
Malpractice is a specific type of negligence committed by professionals. Their behavior can also be illegal or improper and highlights the higher standard of care expected from professionals.
Key Differences Between Negligence and Malpractice
What are the key differences between negligence and malpractice? In addition to varying definitions, the other key differences are:
Scope and Applicability
Negligence broadly applies to individuals and entities in various everyday situations. Different types of negligence exist, each with varying levels of severity and legal consequences. Legal negligence differences include:
- Ordinary negligence
- Gross negligence
- Negligence per se
- Comparative negligence
- Contributory negligence
- Criminal negligence
Malpractice applies only to professionals such as doctors, lawyers, nurses, accountants, or architects. Professional misconduct that can result in malpractice includes a doctor misdiagnosing a patient or an accountant failing to properly audit or review financial statements, leading to inaccurate or misleading information for stakeholders.
Standard of Care
Duty of care is a legal obligation to act reasonably and avoid causing harm and must be established before a standard of care can be applied. It is one of many negligence law insights that determine negligence occurs when a person fails to act as a reasonable person would in a similar situation.
Malpractice involves failing to meet the standard of care expected of a professional in their specific field.
Intent
In law, “intent” refers to a mental state or purpose behind an action. Negligence may or may not involve intent and is often caused by unintentional carelessness. Malpractice involves a knowing or reckless breach of professional duty where intent or awareness of potential harm is more likely.
A comprehensive medical malpractice guide will highlight common types of malpractice, including:
- Missed or delayed diagnosis
- Surgical errors
- Childbirth injuries
- Anesthesia and medication errors
Understanding malpractice law entails knowing evidence of breached professional standards is required.
The Importance of Distinguishing Negligence From Malpractice
Making the distinction between negligence versus malpractice can assist individuals seeking damages and professionals facing liability. If you have a claim, seek legal advice to achieve the best outcome.
Cummings Law specializes in handling medical malpractice cases and will provide the personalized attention you need to obtain a maximum settlement. We have done this for many clients. Contact us so that we can do the same for you.
