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Medical malpractice and negligence are often used interchangeably – however, they’re not quite the same thing. If you’ve been a victim of a negligent healthcare provider, knowing the difference between these types of claims is important. How does medical malpractice differ from negligence, and why does it matter?
Here’s an overview of negligence vs. malpractice and what you need to know about medical negligence claims.
What Is Considered Medical Malpractice?
Healthcare providers, like doctors and nurses, must meet specific standards of care. If they fail in that duty and injure a patient, that is medical malpractice.
The standard of care depends on the provider’s field. The provider must act with the same level of care and skill as other reasonably competent providers in the same field of practice. For example, a surgeon and a nurse would not have the same standard of care. Nurses are expected to adhere to established nursing standards, while surgeons have their own unique industry standards. Similarly, the standards for brain surgeons would be different than those for a general surgeon, since they are two distinct fields. The key is whether a professional with similar knowledge and training would make the same mistake. Because the standards of care are so specific, medical malpractice claims typically require expert witnesses to testify as to what a reasonable provider in the field would have done.
Medical malpractice includes failures such as misdiagnosing a condition, administering the wrong medication, or neglecting to inform a patient of the risks involved in a treatment. If these mistakes harmed a patient, the patient can file a medical malpractice claim against the provider.
What Is Considered Medical Negligence?
Medical negligence overlaps with medical malpractice, but not all negligence is medical malpractice. Medical negligence occurs when a medical professional or institution violates a generally accepted medical standard of care.
General negligence has a different standard of care. For example, a negligent driver is expected to follow the rules of the road and avoid harming others. If they fail to do so and harm someone else, they’re legally negligent. This is a “reasonable person” standard: a reasonable person would know that running red lights is against the rules and could cause harm.
Medical negligence may apply in cases where the hospital was negligent, such as by failing to maintain sanitary conditions, failing to warn patients about slippery floors, or negligently hiring unqualified medical providers. It can also arise in cases where the mistake is so obvious that medical expert testimony is not necessary, such as when a surgeon leaves a scalpel inside a patient.
Difference Between Malpractice and Negligence
When it comes to medical malpractice vs. negligence, there are some key differences. The biggest difference is the standard of care. In short, general negligence claims hinge on what the average reasonable person would do. In medical malpractice claims, we consider what a healthcare provider with similar training and experience would have done in a similar situation.
Consult an Indiana Medical Malpractice Attorney Today
Understanding the distinction between medical malpractice and negligence is important when you plan to file a legal claim. While medical malpractice is limited to healthcare providers, negligence is a broad term that can apply to other situations and professions.
The Law Office of Kelley J. Johnson has over 20 years of experience handling medical negligence claims. If a negligent medical provider has harmed you, call today for a free consultation.
