Negligence and Malpractice: two often interchangeable terms

Medical Malpractice and negligence are two concepts often used interchangeably and confusingly, but there are some distinct differences between them.

Negligence is a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. In tort law, negligence applies to harm caused by carelessness, not intentional harm.

Malpractice is a type of negligence; it is often called "professional negligence". It occurs when a licensed professional (like a doctor, lawyer or accountant) fails to provide services as per the standards set by the governing body ("standard of care"), subsequently causing harm to the plaintiff.

However, One of the major differences between malpractice and negligence is the type of person responsible for the action, or lack thereof. Professional individuals, such as lawyers or physicians, are typically the only ones who can be accused of malpractice. The actions of an individual being accused of malpractice are usually compared to the actions of other professionals in his field to prove guilt. If his actions, which caused harm to another individual, went against the standard course of action, he could be found guilty.

for instance, a surgeon, who performs an unnecessary procedure on an individual without her specific consent could be charged with medical malpractice. Since permission from the patient is usually required for all non-emergency medical procedures, the surgeon's actions differ drastically from what other surgeons in his position would do. Also, doctors who make other types of mistakes, such as prescribing the wrong medications can also be found guilty of malpractice.