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Is negligence the same as malpractice?

On Behalf of | Nov 8, 2021 | Medical Malpractice |

Medical malpractice is an issue in the industry that affects not only the patient’s health and safety but also the standing of the clinic that it occurs in. It is important to understand what constitutes malpractice.

On top of that, where does negligence fall in the definition? Is it the same as malpractice, or are the two actions set apart in any way?

Characteristics of a medical malpractice claim

ABPLA discusses medical malpractice, a blanket term for a series of actions, situations and circumstances that can harm patients. Under their definition, negligence is one of the crucial components of medical malpractice. They state that a claim must have three characteristics in order to fall under malpractice law. The three characteristics include injuries caused by negligence, violations of care standards, and an injury in this scenario resulting in significant damage.

First, the law notes that professionals in the industry recognize a certain set of standards regarding the type of medical treatment that is acceptable and how quickly it is carried out. Breaching this is a violation of care standards. A patient must then prove they sustained injury due to negligence that lead to this violation of care. Finally, they need to show that the injury caused significant harm, such as preventing them from finding work.

Forms of negligence

Medical negligence and medical malpractice often go hand-in-hand. Negligence that can lead to a malpractice lawsuit includes:

  • Unnecessary surgeries
  • Failure to diagnose or inaccurate diagnoses
  • Poor follow-up or aftercare
  • Failure to order proper testing
  • Failure to recognize symptoms
  • Improper medication or dosage

If you have more questions about medical negligence, consider contacting a legal expert to learn more.

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