Legal Issues with Health Care Providers – Negligence and Malpractice
Negligence and malpractice are often used interchangeably, but they are distinct concepts in the legal sense. Negligence refers to a failure to exercise reasonable care, which harms another person (Cheluvappa & Selvendran, 2020). On the other hand, malpractice is a type of negligence that applies explicitly to professionals, such as physicians, lawyers, and accountants (Fogel & Kvedar, 2019).
Negligence occurs when someone fails to act with the same level of care that a reasonable person would have used in a similar situation (Cheluvappa & Selvendran, 2020). For example, a driver who runs a red light and hits a pedestrian could be considered negligent because they failed to exercise the care required to operate their vehicle safely. Another example would be a store owner who fails to clean up a spill on the floor, resulting in a customer slipping and falling.
Malpractice, on the other hand, refers to professional negligence. This occurs when a professional fails to provide the appropriate level of care required in their field, resulting in harm to a patient or client (Fogel & Kvedar, 2019). For example, a physician who fails to diagnose or misdiagnose a patient’s condition could be considered guilty of medical malpractice. Another example would be a lawyer who misses a critical deadline in a case, causing harm to their client.
It is important to note that while both negligence and malpractice may result in harm, malpractice typically involves a higher level of responsibility and expertise. In a malpractice case, the standard of care is defined by the professional standards and customs of the relevant field. In contrast, in a negligence case, the standard of care is defined by what a reasonable person would do (Pozgar, 2018).
In conclusion, while negligence and malpractice are often used interchangeably, they are distinct concepts. Negligence refers to a failure to exercise reasonable care, while malpractice refers to professional negligence. Understanding these two concepts’ differences is vital for individuals and organizations seeking to hold professionals accountable for their actions.
References
Cheluvappa, R., & Selvendran, S. (2020). Medical negligence-Key cases and application of legislation. Annals of Medicine and Surgery, 57, 205-211. https://doi.org/10.1016/j.amsu.2020.07.017
Fogel, A. L., & Kvedar, J. C. (2019). Reported cases of medical malpractice in direct-to-consumer telemedicine. JAMA, 321(13), 1309-1310.
Pozgar, G. D. (2018). Legal aspects of health care administration. Jones & Bartlett Learning.
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