What Is the Difference Between Medical Malpractice and Negligence?
Legally Reviewed and Edited by: Terry Cochran
When it comes to healthcare, we trust medical professionals to provide us with the highest standard of care. However, sometimes things go wrong, and patients may suffer as a result. In these situations, terms like “medical malpractice” and “medical negligence” often arise.
Although they are sometimes used interchangeably, medical malpractice and negligence are different legal concepts. Understanding the difference is crucial to your claim if a healthcare provider has injured or harmed you.
Learn the differences between medical malpractice vs. negligence and how each can affect your case. At Cochran, Kroll & Associates, P.C., our personal injury attorneys can help hold the responsible provider accountable and secure the fair compensation you deserve for your injuries.
What Is Medical Negligence?
Medical negligence occurs when a healthcare professional fails to provide the reasonably expected standard of care, resulting in injury or harm to the patient. In these cases, the focus is on the provider’s failure to act competently.
Common examples include:
- Misdiagnosis or delayed diagnosis. When a provider fails to diagnose a condition accurately or promptly, leading to harm or worsening the patient’s condition.
- Surgical errors. Mistakes during surgery, like operating on the wrong site or leaving surgical instruments inside the body, causing complications.
- Medication errors. Administering an incorrect drug or dosage, resulting in harmful side effects or inadequate treatment.
- Failure to inform the patient of risks. Not explaining the potential risks of a procedure or treatment leaving the patient unable to make an informed decision.
Although negligence and malpractice are related, they are not the same. Negligence is a component of medical malpractice, but not all negligence qualifies as malpractice. Negligence typically involves a mistake or carelessness rather than intentional harm caused by a healthcare provider.
What Is Medical Malpractice?
Medical malpractice is more severe than simple negligence. It occurs when a healthcare provider—such as a doctor or nurse—fails to meet the standard of care, directly causing harm to the patient.
Unlike negligence, which may result from an honest mistake or lapse in judgment, malpractice involves reckless or careless behavior, gross errors in judgment, or failure to take necessary precautions.
- Performing an unnecessary surgery. A doctor knowingly conducts a surgery that wasn’t required, leading to complications.
- Misinterpreting test results. A radiologist misreads a scan, missing a serious condition like cancer, which delays treatment and worsens the patient’s health.
- Ignoring patient history. A doctor prescribes medication without reviewing the patient’s medical history, leading to severe side effects or an allergic reaction.
- Improper use of delivery tools. A doctor mishandles forceps or a vacuum during delivery, causing injury to the newborn, such as brain damage or nerve injury.
Medical malpractice cases typically involve serious and specific issues and require a higher burden of proof than negligence. The injured party must show that the medical professional’s actions directly caused the injury or harm.
Key Differences: Comparing Medical Malpractice vs. Negligence
Although medical malpractice and negligence have similarities, they differ in important aspects, such as the burden of proof and the potential damages awarded. Explore these differences to help you understand how each might impact your case.
| Damages | Description | Examples |
| Burden of Proof | Requires proof that actions deviated from the accepted standard of care. Often involves expert testimony to show that the provider acted outside professional norms. | Lower burden of proof, requiring that the healthcare provider’s carelessness caused harm without needing to prove severe deviation from the standard of care. |
| Legal Complexity | Malpractice cases are typically more complicated, requiring specialist testimony, detailed medical reviews, and in-depth analysis of medical practices. | Negligence cases are generally less complex and don’t always require expert testimony or an in-depth investigation into specialized medical standards. |
| Potential Damages | Compensation may cover medical expenses, lost wages, pain and suffering. For medical malpractice, non-economic damages are capped at $1,016,000 for permanent disabilities | Damages may cover medical costs, lost wages, and emotional distress; however, due to the lower severity of the injury, they may not be as high as malpractice awards. |
| Legal Time Limits (Statute of Limitations) | Often have a stricter statute of limitations, requiring a complex discovery process and different timeframes based on the alleged malpractice. | Typically follow the standard three-year statute of limitations for personal injury claims in Michigan. |
How To Prove Medical Malpractice vs. Negligence
If you are considering a claim, it’s essential to understand the requirements for proving medical malpractice vs. negligence:
- Duty of care. In both types of cases, it must be established that the healthcare professional owed a duty of care to the patient. This means proving there was a formal patient-doctor relationship.
- Breach of duty. For negligence, you must show that the healthcare professional breached this duty by failing to act as a reasonably competent professional would in similar circumstances. The breach must be more serious in a medical malpractice case, showing a clear and significant deviation from accepted medical standards.
- Causation. You must prove that the breach of duty directly caused your injury or harm. In negligence cases, this involves showing that the healthcare provider’s failure to act reasonably led to the harm. Medical malpractice requires demonstrating that the injury would not have occurred if the standard of care had been followed, with a stronger focus on linking the breach to the injury.
- Damages. You must prove you suffered quantifiable damages due to the provider’s actions. Damages can include physical harm, emotional distress, additional medical bills, loss of income, or loss of life.
At Cochran, Kroll, & Associates, P.C., our experienced medical malpractice lawyers will review your case to determine whether it falls under medical malpractice or negligence. We will then help you gather the evidence, such as medical records, expert opinions, and witness testimony, to prove your claim and pursue a fair settlement.
Why You Need a Medical Malpractice Lawyer
Dealing with the consequences of medical negligence or malpractice is physically, emotionally, and legally overwhelming. You may jeopardize the compensation and justice you deserve without legal guidance. A skilled attorney can protect your rights and assist you with the following:
- Experience with medical legal cases. Medical malpractice cases require expertise in both medicine and law. A qualified attorney can accurately interpret medical records, identify deviations from the standard of care, and connect those deviations to your injury or harm.
- Thorough case evaluation. A knowledgeable lawyer can evaluate the strengths of your case and determine if the healthcare provider’s actions amount to negligence or malpractice. This assessment is essential for developing a legal strategy tailored to your situation.
- Evidence gathering and preservation. Building a strong case depends on collecting strong evidence. Attorneys have the resources to gather medical documents, consult with expert witnesses, and secure testimonies that reinforce your claim.
- Navigating legal issues. A lawyer ensures all legal documents are correctly filed and your case adheres to Michigan’s regulations. For instance, they can ensure you notify the provider of your claim within 182 days in a medical malpractice claim, preventing costly mistakes that could jeopardize your claim.
- Negotiation skills. Insurance companies and hospital legal teams often have aggressive lawyers focused on reducing payouts. Your attorney will advocate for you, using strategic negotiation techniques to pursue a fair settlement that covers your medical expenses, pain and suffering, and other damages.
- Courtroom representation. A medical malpractice lawyer is ready to take your case to court if a fair settlement cannot be achieved. They will present a compelling argument to the judge and jury to secure a favorable verdict on your behalf.
Choosing the Right Law Firm for Your Case
Choosing the right law firm can make or break a medical negligence or malpractice case. You need a team with proven experience in both areas—one that knows how to prove a healthcare professional’s failure to meet the standard of care.
At Cochran, Kroll & Associates, P.C., our malpractice attorneys know how to navigate medical negligence cases and complex medical malpractice claims. What sets us apart is senior partner Eileen Kroll’s unique background as a registered nurse (RN), which gives her invaluable insight into medical procedures and standards of care.
Eileen’s medical experience allows her to thoroughly understand the complexities of each case and effectively communicate with medical experts, making her a formidable advocate for our clients.
We know how overwhelming these situations are for patients and their families. Our mission is to deliver compassionate legal representation to guide you through this difficult time.
Get Qualified Legal Representation for Your Medical Injury Claim
Understanding the difference between medical malpractice and negligence is vital when protecting your rights as a patient. While both involve a breach of duty by a healthcare professional, the extent of that breach and the consequences of their actions can impact your case.
If you or a loved one has been a medical malpractice or negligence victim, consult a medical malpractice attorney who fights for the rights of patients in Michigan. Contact us today for a free consultation to determine whether your case falls under medical malpractice or negligence and explore your legal options.
Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW (1-866-642-4529) and schedule your no-obligation, free case evaluation.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.
