What Is the Difference Between Medical Malpractice and Negligence?

Mistakes can and do happen during medical procedures. For many injured patients, one of the first questions is whether what happened to them was an honest mistake or something more. 

Although interchangeably used, there’s a difference between medical malpractice and medical negligence and understanding their difference is key to recognizing potential legal claims, and the kind of support you need as you recover.

As seasoned medical malpractice lawyers, Craig Swapp & Associates has helped countless individuals understand their options and seek justice after being injured during a medical procedure, whether it’s due to malpractice or negligence. 

If you’re wondering how medical malpractice differs from negligence, read on to learn about your rights, common examples, and what to do if you believe your injury was preventable.

How Does Medical Malpractice Differ from Medical Negligence

Medical negligence and medical malpractice both involve harm to a patient caused by the actions or inactions of a healthcare provider. However, the distinctions between the two are important, especially when pursuing compensation for injuries.

Medical negligence refers to an “unintentional error or oversight” by a healthcare provider that results in harm. This usually involves carelessness or a failure to act according to accepted medical standards. Medical negligence may happen even if the provider did not intend to cause harm and did not knowingly act against best practices.

Medical malpractice, on the other hand, occurs when a healthcare professional not only “fails to meet the standard of care” but also does so with knowledge or disregard for the potential consequences. In other words, medical malpractice involves a breach of duty by a medical provider who knew, or should have known, that their actions could result in harm.

To put it simply, the difference between medical malpractice and medical negligence often comes down to the level of awareness or disregard involved. While negligence may be a careless mistake, malpractice implies that the provider knew, or should have known, their actions could cause harm, but proceeded anyway.

Elements: Duty, Breach, Causation, and Damages

Both medical negligence and medical malpractice require elements that:

• The healthcare provider owed a duty of care to the patient.

• The provider breached this duty by failing to meet the standard expected of a reasonably competent provider under similar circumstances.

• This breach directly caused injury or harm.

• The patient suffered measurable damages (such as physical, emotional, or financial harm).

The legal test for malpractice typically adds the expectation that a provider knew the risks and disregarded them, whereas negligence may not require this level of intent.

Examples of Medical Malpractice

Medical malpractice occurs when a provider’s actions, or failure to act, go beyond simple carelessness and cross into the territory of reckless or knowingly improper care.

Common examples of medical malpractice include:

• Misdiagnosis or Delayed Diagnosis: A physician may diagnose a condition as something less serious, or fail to order necessary tests, even though the symptoms clearly warranted further investigation. If it can be shown that a competent doctor would have acted differently, and the failure led to harm, this could constitute malpractice.
• Surgical Errors: Operating on the wrong body part, leaving surgical instruments inside a patient, or performing the wrong procedure altogether are classic examples of medical malpractice. These acts often involve a failure to follow established protocols or a disregard for obvious risks.
• Birth Injuries: Improper use of forceps, failure to monitor fetal distress, or delayed C-section orders can result in permanent injury to a newborn. If the provider ignored warning signs or failed to follow accepted medical practices, it may be considered malpractice.
• Anesthesia Errors: Giving too much or too little anesthesia, failing to monitor a patient’s vital signs, or ignoring a patient’s allergy information can result in serious injury or death, often crossing into malpractice.

In each of these cases, what sets malpractice apart from negligence is the awareness that harm could result, and proceeding regardless.

Examples of Medical Negligence

Medical negligence can occur when a healthcare provider makes a mistake without intent or awareness of the risk, but the outcome still harms the patient. 

Common examples of medical negligence include:

• Accidental Oversight: A nurse may forget to record a patient’s vital signs or accidentally omit a step in routine care, resulting in missed complications. While the act is careless, it may not rise to the level of malpractice unless the provider should have known better.
• Simple Error in Judgment: A doctor may choose one accepted treatment option over another, but in hindsight, it was not the best choice for the patient’s unique situation. If there was no clear warning or standard violated, this may be considered negligence.
• Inadequate Follow-Up: If a healthcare provider fails to schedule a routine follow-up or overlooks a test result due to a busy schedule, this may be negligence, especially if the mistake was not intentional.
• Improper Use of Equipment: If a medical device is used incorrectly out of ignorance, rather than recklessness or disregard for patient safety, this may be considered medical negligence.

The main takeaway is that negligence generally involves a lack of intent, rather than willful disregard.

Are All Injuries from Medical Procedures Considered Negligence and Malpractice?

Not every negative outcome after a medical procedure is the result of medical malpractice or negligence. The law recognizes that medicine is not a guarantee, and even the best providers can encounter unexpected complications.

• Unavoidable Complications: Some injuries are considered known risks of certain treatments or procedures. If a provider acted with reasonable care and skill and the patient suffered harm that could not have been prevented, it is unlikely to meet the legal definition of negligence or malpractice.
• Poor Results Versus Improper Care: A poor outcome alone is not enough to establish a claim. There must be evidence that the provider failed to follow the accepted standard of care, and that this failure directly caused the harm.
• Informed Consent: Patients are typically required to give informed consent before procedures. If a complication was a known risk and the provider disclosed it, a claim may not be successful unless there is evidence of a separate negligent or reckless act.
• Legal Standards Are High: Courts generally require clear proof that the injury was caused by a breach of duty. Medical records, expert testimony, and documentation of damages are essential for any claim.

What Can You Do After Experiencing Medical Malpractice or Negligence?

If you or a loved one has suffered harm during a medical procedure and you believe the injury resulted from medical malpractice or medical negligence, taking the right steps can make a significant difference in your ability to recover compensation.

• Seek Medical Attention: Your health and safety come first. If you are still experiencing pain or complications, seek care from another qualified provider to address ongoing issues and document your injuries.

• Obtain Your Medical Records: Gather all relevant medical records, prescriptions, test results, and discharge instructions. These documents are crucial for evaluating your case and identifying errors.

• Document Your Experience: Write down everything you remember about the procedure, who was involved, and what went wrong. Keep a record of symptoms, treatments, and how the injury has impacted your life.

• Preserve Evidence: Hold onto bills, emails, appointment cards, and any correspondence related to your care. This information may be necessary to prove damages.

• Consult a Lawyer for Medical Malpractice: A skilled attorney can review your records, consult with medical experts, and advise you on your options. The difference between medical malpractice and medical negligence can determine the strategy for your case, the evidence needed, and even the statute of limitations for filing a claim.

Why Should You Hire a Medical Malpractice Lawyer to Represent You?

The process of proving medical malpractice and negligence can be challenging and highly technical. Medical providers and hospitals often have teams of legal professionals and insurance companies defending their interests. If you’ve been injured, having a dedicated medical malpractice lawyer on your side can level the playing field.

• Case Evaluation: A lawyer for medical malpractice or negligence can determine whether your case meets the legal standards for negligence or malpractice, and what evidence will be needed to support your claim.
• Access to Experts: Medical malpractice cases often require testimony from medical professionals who can explain the standard of care and whether it was breached.
• Negotiation and Litigation: Your attorney will handle communications with insurance companies, negotiate settlements, and represent you in court if necessary.
• Maximizing Compensation: Damages in medical malpractice and negligence cases can include medical expenses, lost wages, pain and suffering, future care needs, and more. An experienced attorney can help ensure you are fully compensated.

Craig Swapp & Associates understands how medical malpractice differs from negligence and what it takes to build a strong case for injured individuals. Our team of medical malpractice lawyers is committed to advocating for injured persons in Utah, Idaho, Washington, Montana, Oregon, Wyoming, Colorado, and Arizona. 

When you hire our medical malpractice lawyer, you pay no legal fees unless you win or settle your case. This means you can pursue justice and financial recovery without worrying about upfront costs. 

Trust that your case is in capable hands – “One Call, That’s All!” Call us today at 866-308-3822 or fill out our contact form to schedule your free consultation.