Medical Malpractice Vs Negligence

The word negligence means the act of overlooking something or failure to do something that should have been done. Malpractice on the other hand refers to intentional negligence. In the medical field, when a licensed medical practitioner fails to perform his job in an accepted way it is considered negligence.

When negligence on the part of a medical professional results in injury or harm to the patient, it is termed as malpractice. Call Compensation Lawyers as they can file a suit in the civil court against the malpractitioner.


For an oversight to be termed as malpractice it must be intentional. There should be intent to harm the patient. Negligence may be inadvertent or unintentional.

The nurse forgetting to set up the IV, or giving the patient his medicine on time may result in harm to the patient and extra expenses incurred for further diagnosis and treatment. This is termed as negligence.

A doctor deliberately misguiding the patient so that he is forced to continue treatment which may not be required is termed as malpractice. The malicious intent of self gain is present.

A surgical error by a surgeon may be intentional or unintentional. If it occurred through oversight or due to circumstances it is termed as negligence. But if it was deliberate it would be a case of malpractice.

The following are some examples which may fall under either negligence or malpractice:

  • Surgical Error
  • Failure to Treat in time, or Follow Up
  • Error in Aesthetical dosage
  • Error in prescribing Medication.
  • Misdiagnosis Failure to Diagnose