Medical Negligence vs Medical Malpractice – Know the Difference

April 18, 2023    Civillawyers
Medical Negligence vs Medical Malpractice – Know the Difference

Medical malpractice and medical negligence can both be severely harmful to a patient. The blog has thus investigated the difference between medical malpractice and negligence so that you can claim a case on such an act with valid references.


In simple terms, medical malpractice is deliberative, while negligence is an inadvertent error. Both can have similar consequences, but the acts are different from one another. If a medical provider has misled you, you can contact the medical negligence lawyers in Perth to get justice.


What is Medical Negligence?

Just like how it sounds, medical negligence is a carelessly taken course of action that, in a way, impacts the patient’s health sharply. The involvement of any medical provider, such as the nurse, health care expert, doctors or others, is liable for such an occurrence.


What is Medical Malpractice?

Medical malpractice occurs when a health care provider deviates from their professional standard under any circumstances. It is a legal course of action that derives from a negligent act. It is capable of causing serious injury or even death to the patient.


How are they different from each other?

Medical malpractice and negligence can seem similar and cause similar impacts on the lives of the patient, but they are different from each other on various grounds.


What is the Difference Between Medical Malpractice and Medical Negligence?

Errors are very common in humanity. A mistake often brings out the best in us. But when medical service providers make mistakes, it can cost a life. The main differences between medical negligence and medical malpractice are presented below:-

1. Definition –

Medical malpractice is a professional’s action taken intentionally, whereas causes of medical negligence are a failure to practice appropriate care.

2. Claims –

Medical malpractice is claimed against the medical professional who is behind the breach, and medical negligence can be claimed against anyone who breached their duty.

3. Scope –

Malpractice is a narrow term involving a part of medical negligence, and negligence is a wide term involving malpractice.

4. Form –

Medical negligence is not a form of malpractice, but malpractice is a form of negligence.

5. Result –

Negligence occurs due to the failure to take necessary steps to prevent harm to the patient unintentionally. On the other hand, malpractice occurs due to unreasonable unprofessionalism causing damage to a patient’s health.

6. Failure –

A failure to exercise proper care is medical negligence, and malpractice is a failure to use professional standards while exercising a viable professional skill.

7. Intent –

Medical negligence doesn’t take place intentionally. However, medical malpractice can occur intentionally and cause a lot of harm to individuals.


Hence, in both cases, the breach of duty is present. But if you look at it closely, you will see the basic difference between medical malpractice and negligence.


What Can You Do If You Experience Any of These?

If you ever experience such carelessness from a medical professional, the court gives you the fullest right to lodge a complaint. You can also get higher medical negligence compensation charges for significant damage caused by the doctor. If you want to claim against injustice, you have to give proof of the following things. The doctor owes a legal duty to you as the patient.


The act of the doctor that led to the medical malfunction or negligence. In this aspect, the medical standard of care and medical duty of care are the two vital considerations to help you determine the difference between medical negligence and medical malpractice. Based on the ethics, you can decide if the careless act of a professional was against the lawsuit.


What is Duty of Care?

Medical duty of care is a set of obligations that all medical service providers have to follow. Under obligations, certain ethics value the individual duties that they have fulfilled at any cost. If you are the plaintiff and you notice that the medical service provider has breached their duties, then you can call for a case.


It showcases that the doctor, nurse, or therapist has alleged medical negligence or malpractice.


What is the Medical Standard of Care?

Medical standard of care is another set of obligations that ensures the professional doctor is providing the best possible treatment to the patient. In simple terms, the doctor must treat the patient with the skill and professionalism that they owe. Hence, a breach of this duty can allege them of carelessness as well.


Based on the obligations, you can understand the charges you want to lay upon the professional.



In conclusion, the blog has cleared out the concept of medical negligence vs malpractice. In case any medical professional has made you suffer from any of these, you can claim a charge upon them by understanding their duty of care and medical standard of care.


Hence, you can take the support of a professional Civil Lawyers Perth to guide you through the process. They can also enhance the compensation rate for covering the negligence you had to confront.

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