What is the difference between negligence and malpractice

Nurses and the Law. Feutz-Harter, Sheryl. Nursing and the Law. Professional Education Systems, Inc. Skip to navigation. Negligence and Malpractice The terms negligence and malpractice are frequently used interchangeably.

Negligence is: A general term that denotes conduct lacking in due care; Carelessness; and A deviation from the standard of care that a reasonable person would use in a particular set of circumstances.

Anyone, including non-medical persons, can be liable for negligence. Even the best minds in the world fumble occasionally. It is from these times of failure that new ways to succeed evolve and can enrich society. However, there are times when mistakes can cause serious harm. This is particularly accurate when it comes to the medical field. Our definition of medical negligence is when a medical professional or provider fails to provide the standard of care , that could result in causing harm to a patient.

Examples of medical negligence include unnecessary surgery, failure to understand or recognize symptoms, and surgical errors, just to name a few. Some examples of medical malpractice include the wrong procedure being performed, patient suicide, surgery performed on the wrong body part, and typically any type of event that should never take place in a medical facility under any circumstance. Client Testimonial. My brother was very fortunate to have you in his life. I will never forget what you have done for our family.

First, not every bad outcome in the medical field rises to the level of medical malpractice. Doctors and other medical providers can only do some much in any situation. Sometimes they will not be able to save a life or prevent a bad outcome.

However, doctors and medical providers have a duty of care that they owe their patients. The duty of care is based on what a prudent person in the same position and with the same knowledge would have done in that situation.

Proving this can be difficult which is why you must hire an experienced medical malpractice attorney as soon as possible, if you believe you or a family member is the victim of medical malpractice.