The Difference Between Malpractice and Negligence

Most of us wish to visit a reputed healthcare center during any illness or while suffering from any impairment. Human nature automatically trusts the working professionals employed in these clinics and medical institutes.

Unfortunately, things always do not turn up as per the patient’s plan, and at times due to the irresponsible acts of medical practitioners, an individual may experience a significant injury. Events take unexpected turns when some injuries are set off as fatal.

Many experienced lawsuit firms across the United States fight for the affected patients who have suffered the trauma caused by medical negligence and malpractice.

Many legal firms like JJS Justice have helped people achieve their legal claims. Clients can easily access the various offices of such LLCs that are spread across the different states in the country.

Why Use Two Different Terms – Malpractice and Negligence?

Understandably, all humans are prone to committing mistakes. However, doctors and their supporting medical personnel are assumed to be highly skilled and trained individuals who pass rigorous screening before entering the real world. They regularly encounter patients who fight for their lives.

Mistakes from these health executives often lead to severe repercussions, such as causing a fatal injury to a vital organ or body part. These mishaps raise questions about the medical awareness or intent of the involved doctor; general people refer to them as medical malpractice or negligence.

Although they are similar, one will still notice the fundamental difference while going through the possible legal remedies on the websites of top LLC firms like JJS Justice.

Medical negligence is the term used to describe a scenario where a particular decision or action performed by a healthcare executive accidentally harms an admitted patient’s well-being.

Medical malpractice, on the other hand, describes an event where a doctor or medical staff has intentionally compromised the patient’s health. These mistakes risk an individual’s future health safety. In commercial hospitals, health professionals sometimes rush the processes and skip or overlook the precautionary measures while treating a patient; thus, protocols are breached, and malpractice occurs.

Instances of Malpractice and Negligence

Two claims are contrasting, as discussed before. Now let us understand them separately with the help of examples.

  • Negligence: Suppose a surgeon is executing a routine operation, but he accidentally leaves a piece of sponge inside the patient’s gut. This event has resulted from technical inefficiency during an operation and thus will be considered negligence.
  • Malpractice: Let us assume that a patient has reported a set of discomforts or uneasiness immediately or within a few weeks of an operation. Later on, when he conducted tests, it was found that the previous healthcare executive did not suggest necessary medical tests before the critical procedure, which caused severe internal injuries. This event is an example of medical malpractice.

The readers should note that their claim will be primarily influenced by the collection of facts from a legal point of view. Consultation with attorneys is the best solution to whether to demand redresses for medical malpractice or medical negligence.


There is a fine line separating the two claims. Often legal experts consider malpractice to be a part of medical negligence itself. Several factors influence the outcome of a lawsuit when these cases are presented in a court of law. The judge thoroughly examines whether all the protocols were strictly adhered to or not; if the answer appears as a ‘no,’ then the projected offenders are duly prosecuted.

Adam Hansen

Adam is a part time journalist, entrepreneur, investor and father.