What’s the Difference Between Malpractice and Negligence?  

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August 3, 2022

A Boca Raton medical malpractice attorney would tell you that hospitals, medical professionals, and doctors should always go above and beyond to provide their patients with the utmost safety and high-quality treatment. However, some practitioners aren’t as forgiving as most medical professionals are when we are unwell or need medical attention. It’s crucial to understand that, regardless of its severity, not all unfavorable medical outcomes fall under the legal definition of “malpractice.”  

Under Florida law, persons responsible for any breach of that standard of care and safety that causes additional patient injury or death may be held liable for medical malpractice. While medical malpractice is a source of obligation, so is medical negligence, but how do you tell which one’s which? In this article, we’ll distinguish medical malpractice from medical negligence.  

boca raton medical malpractice attorney

Medical Malpractice vs Negligence  

What is Medical Malpractice?  

When a doctor or other healthcare worker provides care below the established standard of care, it is referred to as medical malpractice. This can also refer to situations in which a medical professional failed to act or did not act the same way a different medical professional with the same training would have. Malpractice is distinct from other legal disciplines since it calls for expertise in legal and medical fields.  

What is Medical Negligence?  

Medical negligence is the act of a healthcare provider who administers care below the generally accepted proper standard of care. While medical negligence on its own isn’t enough to form a valid claim, under the right circumstance and evidence, it could lead to the alleged malpractice. Essentially, when a doctor treats a patient carelessly, without due care, and intently, it becomes medical malpractice.  

The Underlying Difference Between Malpractice and Negligence  

The underlying difference between malpractice and negligence is that medical negligence does not always result in injury to the patient. While in malpractice, there’s already a substantial injury caused to the patient, such as internal or external pain, mutilation, or even death.  

Regardless of the level of damage done or type of injury, medical malpractice or negligence can only be proven in court.  

an injured woman shaking hands with a Boca raton medical malpractice attorney

Are You Looking for a Boca Raton Medical Malpractice Attorney?  

If you’re looking for a reliable lawyer to handle your case with dedication, our attorney here at Injured Florida Law can help you manage your case. Contact our team today to schedule a meeting with our lawyer.  

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