When someone is injured due to the actions of another person, it is natural to wonder whether the situation involves ordinary negligence or medical malpractice. Although these terms may seem similar, they are treated differently under the law. Understanding the difference between medical malpractice and negligence is important, especially if you are considering filing a medical malpractice claim or lawsuit.

What Is Ordinary Negligence?

Ordinary negligence occurs when someone fails to use reasonable care, resulting in an injury. This can happen in everyday situations, such as a slip and fall at a store or a driver causing a car accident.

To prove negligence, a person must show:

  • The other party had a duty of care

  • They breached that duty

  • The breach caused an injury

  • The injury resulted in damages

Negligence does not require specialized knowledge. It simply involves failing to act as a reasonably careful person would.

What Is Medical Malpractice?

Medical malpractice is a specific type of negligence that applies to healthcare providers, such as doctors, nurses, surgeons, hospitals, and medical professionals. It occurs when a provider does not meet the medical standard of care, resulting in harm to a patient.

The medical standard of care refers to how a reasonably skilled and qualified provider in the same specialty would treat a patient under similar circumstances.

Examples of medical malpractice cases include:

  • Misdiagnosis or delayed diagnosis

  • Surgical mistakes

  • Medication errors

  • Failure to obtain informed consent

  • Birth injuries

  • Improper follow-up care

To succeed in a medical malpractice lawsuit, expert testimony is often required to prove that the provider’s actions fell below the accepted medical standard of care.

Key Differences Between Medical Malpractice and Ordinary Negligence

Ordinary Negligence Medical Malpractice
Involves everyday behavior Involves medical treatment or professional care
Does not require medical expertise to evaluate Requires expert medical testimony
Based on what a reasonable person would do Based on the accepted standard of medical care
No special knowledge required Involves professional judgment and skill

The key difference is that medical malpractice is a subset of negligence that specifically applies to healthcare professionals. The law recognizes that medical professionals are held to a higher professional standard than the average person.

When Does Negligence Become Medical Malpractice?

Negligence becomes medical malpractice when the alleged negligence is directly tied to medical judgment, diagnosis, treatment, or professional care. If a healthcare professional’s negligence causes injury and involves medical decision-making, it may constitute a medical malpractice case.

However, some situations involving medical facilities may still fall under ordinary negligence, such as:

  • Slipping on a wet floor in a hospital

  • Injury caused by unsafe equipment placement

These do not involve medical judgment, so they are not malpractice.

Do You Need a Medical Malpractice Lawyer?

If you believe that your injury is related to medical negligence, speaking with a medical malpractice attorney can help you determine whether you have a case. Medical malpractice claims can be complex and often require:

  • Reviewing medical records

  • Consulting medical experts

  • Evaluating damages such as medical bills, lost wages, and future medical care

A qualified medical malpractice lawyer can guide you through the process and protect your legal rights.

Speak With Puma Law Group About Your Case

If you believe you or a loved one has suffered harm due to medical malpractice or negligence, you do not have to navigate the legal process alone. The team at Puma Law Group, P.C. is here to review the facts of your case, explain your legal options, and fight for the compensation you deserve.
Contact us today to schedule a confidential consultation. Your recovery and peace of mind matter.

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