Difference Between Negligence and Malpractice
In the realm of personal injury law, the terms ‘negligence’ and ‘malpractice’ are frequently used. These terms, though often used interchangeably, refer to different legal concepts. As such, understanding these terms is critical in personal injury cases.
Negligence refers to any careless behavior leading to damage or injury to another person. The term encompasses a broad range of actions and inactions. For example, if a driver fails to stop at a stop sign and hits a pedestrian, the driver’s action can be classified as negligence. It does not require a professional relationship between the parties involved and can occur in virtually any situation.
On the other hand, malpractice is a type of negligence that specifically arises in a professional setting where a professional fails to provide the standard level of care. As a result of professional negligence, if an individual gets harmed, it is referred to as ‘malpractice’. The most commonly discussed form – medical malpractice – is when a healthcare provider deviates from the medical standards causing harm to the patient.
However, malpractice cases are not limited to medical professionals. They can include legal professionals, accountants, architects, or any professional whose deviations from accepted professional standards result in harm to the consumer of their service.
Given the complexity involved in these cases, in order to obtain all the necessary evidence to demonstrate that a wrongful act was committed, or that there was a failure to observe the appropriate standard of care, it’s essential to hire competent and experienced legal professionals.
Consulting with medical malpractice lawyers Newcastle could be a prudent consideration when you need professional assistance for malpractice cases. These lawyers specializes in malpractice cases, particularly in medical cases, and have substantial experience handling complex issues of standard of care, causation, and damage in malpractice lawsuits.
The act of establishing ‘breach of duty’ can differ significantly between negligence and malpractice. For example, in a regular negligence case, the plaintiff typically only needs to demonstrate that the defendant did not exercise reasonable care. In contrast, in a malpractice case, the plaintiff must show that the defendant professional did not meet the standard of care expected in his or her profession, which often requires expert testimony.
All in all, while both negligence and malpractice are predicated on a failure to exercise appropriate care that results in harm, important distinctions between these two concepts exist particularly in the professional relationships involved, the standards of care applied, and the complexity in proving liability. When faced with such a situation, it may be advisable to seek help from professional legal experts, such as those at medical malpractice lawyers Newcastle.