Difference between Negligence and Malpractice

Negligence and Malpractice are two different legal notions. Both may show that the defendant bears some of the blame for the victim’s losses, but the requirement of proof and the substance of the claim may vary based on whether the plaintiff alleges the defendant was negligent or engaged in malpractice. Everyone owes other people a responsibility of care. Negligence may nevertheless be applied if that obligation is broken. Since malpractice is defined as negligence resulting in injury, it may be categorized as negligence.

What is Negligence?

Negligence, which denotes a lack of care, comes from the Latin word ‘Negligentia’, which means ‘to fail to pick up’. It is a widely held opinion that under the legal theory of negligence, a person who negligently causes harm to another person is held legally accountable for such harm. Negligence can give rise to civil liability and, in some cases, criminal charges. Carelessness and negligence are synonymous terms. Consequently, we might characterize this as a situation where a person is harmed or injured due to the carelessness of another. Despite not directly harming the other person, the negligent conduct is nevertheless considered a tort. Therefore, rather than intentionally or purposefully causing that injury, negligence is the failure to take the essential actions that should have been taken in the given situation to avoid or prevent such harm.

Key Features of Negligence:

• Negligence is the term used in personal injury law to indicate whether you were hurt by someone else’s or an organization’s negligence or recklessness.
• The ultimate objective is to make that individual or business accountable for the losses you sustained as a consequence of that harm.
• For a negligence lawsuit to be successful, there must be a “duty of care” between the plaintiff and the defendant.
• A negligence claim can only be brought forth if the plaintiff sustains losses or damages that can only be linked to the defendant’s breach of their duty of care and not to any other reason.

What is Malpractice?

The tort that results from a professional failing to uphold their duty of care to a client is known as Malpractice. As per the majority of definitions, a professional’s duty to a client is to maintain widely acknowledged professional standards. The most common targets of malpractice claims are physicians and lawyers. Medical malpractice is the term used to describe any behavior on the part of a physician during patient treatment that deviates from recognized standards of care and causes injury to the patient. One specific aspect of tort law that addresses medical misconduct is professional negligence. In India, the word “malpractice” is not used specifically. While “medical malpractice” is the phrase used in the USA, “medical negligence” is the term used in India.

Key Features of Malpractice:

• The tort that results from a professional failing to uphold their duty of care to a client is known as malpractice.
• The first and most crucial component in claims of medical malpractice is the presence of a legal obligation owed to the patient.
• The patient has to prove that there was a professional duty violation using the concept of a ‘Standard of care’.
• Once a duty of care has been established, it must be demonstrated that the damage was directly caused by the professional’s carelessness.

Difference between Negligence and Malpractice

Basis	Negligence	Malpractice
Meaning	When someone does not take the same amount of care that a reasonable person would have taken in a similar situation, and as a result, harm, damage, injury, or loss is caused to another person, is known as negligence.	When a professional fails to uphold their duty of care to a client, it is considered malpractice.
Claims	Victims of negligence might be anyone who has violated their duty of care.	Professionals who violate their professional duty of care are subject to malpractice lawsuits.
Scope	Malpractice is included in the broader definition of negligence.	A particular kind of carelessness is called malpractice, hence it is a narrow term.
Result	It is the outcome of an inadvertent action brought about by a failure to take the appropriate precautions that, in the given situation, ought to have been taken to prevent or minimize such harm.	It is the outcome of an unjustified lack of expertise that leads to harm, damage, injury, or loss.
Failure	Failure to apply proper caution is considered negligence.	Malpractice is the use of professional standards improperly when performing a specific professional skill.
Intent	In circumstances of carelessness, there may or may not be evidence of intent.	In most cases of malpractice, there is purpose, which is the knowledge that harm may be committed.
Example	A negligent cab driver injures passengers	A doctor fails to fulfill her duties in line with medical norms, causing injury to her patient.

Conclusion

Negligence and Malpractice are both considered civil claims. The goal of negligence and malpractice cases is not to hold the defendant accountable, but to make amends for the harm done to the victim. To prove negligence, the plaintiff’s side just needs to show that the defendant’s breach or violation of his duty of care to the plaintiff caused the accident. In contrast, it is the plaintiff’s burden of proof to demonstrate a breach of the professional duty of care in a malpractice claim. This may include gathering more data or taking more steps, such bringing in a subject-matter expert to talk about the proper professional standards of care for the defendant or the situation.

Negligence and Malpractice- FAQs

Where and with whom may one bring a lawsuit alleging medical malpractice or negligence?

The professional physician or hospital may be sued in the Consumer Court for medical malpractice or carelessness.

Is medical negligence a criminal offense?

Criminal negligence does not apply to every instance of medical carelessness. Medical professionals may be held criminally liable in specific circumstances when no doctor in their right mind would have done anything that would have harmed a patient.

When is it possible to pursue compensation for medical malpractice?

If a patient passes away or becomes disabled as a result of medical misconduct, compensation may be requested.

What are common defenses against claims of negligence?

• Acceptance of risk
• Pre-existing injuries
• Signed release of responsibility.

What are the four components of negligence?

• The duty of care
• Breach of duty
• Factual causation and
• Damages.

Also refer to: Medical Malpractice: Signs, Prevention & Legal Recourse

Note: The information provided is sourced from various websites and collected data; if discrepancies are identified, kindly reach out to us through comments for prompt correction.