What is the Difference Between Negligence and Malpractice?
“I think that my doctor was negligent, but I’m not sure if he committed any malpractice….”
In theory, there is no difference between negligence and malpractice; however, the difference comes from how one proves either concept
Negligence is the failure to use ordinary care. So, a failure to take the steps that a reasonable person would in a situation or acting in a way that a reasonable person would not given a certain situation can result in negligent behavior.
In the case of malpractice, it is proven by expert testimony. Does a professional, like a doctor, meet the standard of care? Did they act the same as a reasonable professional under the same or similar circumstances would have acted?
The difference is that in malpractice cases, we have to prove what the standard of care is with expert testimony, which can result in a “battle of the experts.”
If you have any questions or are seeking representation for a medical malpractice or negligence case, feel free to call the offices of Ben Glass at (703) 584 – 7277.
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