People think malpractice and negligence are the same but have different meanings, but that is not true. These terms have different contextual meanings, as negligence refers to practices done “without intent,” whereas malpractice refers to practices done “with intent.”
Therefore, malpractice in medicine means an action took place out of mistake; on the contrary, negligence means an action took place intentionally knowing all the aspects.
In addition, most healthcare workers prefer following the standards of practice and medical guidelines, but some need an essential working ethic.
Most common medical malpractice claims include misdiagnosis, delay in diagnosis, inappropriate treatment, birth injuries, delay in treatment, and not enough emergency care.
So, in this blog, we have compared malpractice vs negligence to help you better understand their difference.
Medical Malpractice vs Negligence
People often do not understand the fine line between negligence and medical malpractice. If you delve deeper, you will find that they both have different aspects and consequences in healthcare; therefore, they are dealt with differently.
When you consider medical malpractice, it becomes a matter of intentions and the severity of the harm. Unlike medical malpractice, negligence may be done intentionally or unintentionally and does not severely impact the patient’s health.
We have discussed the difference between negligence and malpractice to help you easily distinguish between these two concepts.
What Is Medical Negligence?
Medical negligence refers to the inability of a healthcare worker to provide a standard level of care that they were supposed to provide or another healthcare provider would have provided in similar circumstances.
Even though it is an unintentional act by the healthcare provider, it may cause serious harm to the patient. Moreover, it may happen due to various reasons, such as errors in diagnosis, opting for the wrong treatment, or inefficient health management.
What Is Medical Malpractice?
Unlike medical negligence, malpractice occurs when a healthcare provider ignores the treatment he provides. When a medical service provider does not abide by the standard of care, they harm the patients.
Such a practice is known as malpractice, where minor negligence of the healthcare provider causes the patient a significant injury. Moreover, in malpractice cases, the related people can also take action against the healthcare worker.
Examples of Malpractice and Negligence
Malpractice and negligence are the two things that have become common in various professional places. However, these terms are mainly associated with fields like medicine, law, and finance, but mainly with medicine. We have mentioned some common examples to know how it usually happens.
Misdiagnosis
Often, a doctor diagnoses the patient wrong, treats them for their diagnosed disease, and fails to identify the actual cause. It leads to incorrect or insufficient treatment that incorrectly directs the patient’s condition.
Delayed Diagnosis
Sometimes, doctors treat their patients regularly and catch the issue and health condition after a few visits. When this happens, the chances of severe contraction with disease increase, affecting the patient’s health.
Birth Injuries
When it comes to medical malpractice vs negligence, it can even complicate childbirth. Due to mishandling, the patient can have birth injuries, and they can also experience fetal distress during the labor and delivery.
Surgical Errors
Doctors often fail to treat the patients the right way in times of surgery. They operate on the wrong body part, perform the wrong procedure, and leave surgical traces inside the patient’s body that make the patient restless.
Anesthesia Errors
Anaesthesist has a significant role in keeping the person stable, but people experience discomfort due to excessive or insufficient anesthesia. It complicates the surgery, and the patient’s health comes at stake this way.
No Follow-up Care
To understand the difference between negligence and malpractice, consider the scenarios where follow-up is needed. When a healthcare worker misdiagnoses, it is negligence. However, any harm caused by it will be malpractice.
Uninformed Consent
Keeping the patients involved in making decisions regarding their treatment has a significant impact. Sometimes, the patients do not feel at ease with specific processes and treatments, so inform them before proceeding.
Diagnostics Error
The credibility of medical reports has much to say about the progress of procedures and treatment. Sometimes, the patient’s generated medical reports must offer a clearer picture, which causes issues.
How Does Medical Malpractice Differ From Negligence?
There is a fine line between negligence and malpractice that differentiates both terms. Here’s to how medical malpractice differs from negligence.
Differences | Medical Malpractice | Negligence |
Meaning | When a medical professional breaches the standard of care and does not perform the procedures, it is malpractice. | It is considered negligence when the healthcare provider does not focus on the medical guidelines during the treatment. |
Impact | Malpractice may pose serious harm to the patients that can take a toll on their health. | Negligence does not pose serious harm to anyone in most of the cases. |
Claims | The claims for medical malpractice are made against professional doctors. | You can claim against anyone if they showed negligence while providing treatment. |
Intent | Medical malpractice is caused due to negligence, so, it is often done intentionally. | Negligence has a narrow spectrum, so that it may be done intentionally or unintentionally. |
Result | If the professional doctor fails to perform the procedure in a certain way, the patient will be in distress. | If the healthcare provider does not follow the necessary steps to complete the procedure and instead opts for a different one, it may cause them loss or injury. |
Priority | The priority is to prevent the massive impact which may be caused due to mishandling or mistreatment. | The priority is to avoid mistakes while providing patients with treatment to save the hassle. |
Example | When a doctor mistreats or misdiagnoses their patients, it can have a massive impact on their health. | When a driver drives the car rashly, it causes harm to the passengers. |
What Problems Can Occur Due to Negligence and Malpractice?
Negligence and malpractice can cause significant harm to an individual. However, this blog clarifies what problems a patient might face due to negligence and malpractice.
Medical Complications
Malpractice can cause more damage than one can imagine. It can even worsen the patient’s condition, who is already sick and waiting for adequate treatment. So, negligence or malpractice can pose a severe threat to their health.
Financial Burden
For an average person, covering the expenses of hospital treatment is difficult, and the burden gets double when they have to pay even for the treatment they did not need. That is what negligence and malpractice do to patients.
Inappropriate Medical History
Suppose you have ever experienced a healthcare provider failing to fill a patient’s prescription appropriately. In that case, you can get a prescription refill online to keep your doctors and consultants updated about your medical condition.
Emotional Trauma
Patients who go through medical treatment are already facing trauma, and the situation even gets worse when they get the wrong treatment that not only affects their physical health but also leaves a lasting impact on their mental health.
Physical & Mental Damage
Negligence and malpractice are not just about keeping the wrong approach for proceeding with treatments. It is also about their impact on the suffering patients’ physical and mental health, which is harmful.
Understanding the Complexity of Malpractice vs Negligence Nursing
Two terms used interchangeably in the medical field are negligence and malpractice. However, some people must know the fine line between these two terms.
For this reason, most people look for negligence vs malpractice. Negligence is unintentional but may cause harm. On the contrary, medical malpractice involves the mishandling of professional doctors towards their patients.
If you are a part of the healthcare industry, you must know the common difference between medical malpractice and negligence.
It will help you stay aware of the dos and don’ts and will also help you stay cautious with your patients. Besides this, if the healthcare providers do not perform the procedures with the standards of care and this negligence causes serious harm to the patients, the related people can file a complaint against them.
Frequently Asked Questions
How Can You Identify Between Negligence vs Malpractice in Medicine?
When negligence occurs, it is done without intent. On the other hand, when malpractice occurs, it is done as a breach of duty and the medical guidelines that the healthcare worker does with intent. It is the main difference between negligence and malpractice.
Why Are the Healthcare Providers Accused of Negligence or Malpractice?
Healthcare providers are accused of negligence or malpractice for various reasons, such as medication errors, delayed diagnoses, wrong diagnoses, lack of informed consent, and timely follow-up.
How Can Patients Compare Medical Malpractice vs Negligence Nursing?
When a healthcare worker does not abide by medical guidelines and provides service without the standard of care, patients can consider it negligence. On the contrary, if that negligence causes injury to the respective patient, it will be considered malpractice.