What is the difference between medical malpractice and medical negligence?

Medical malpractice and medical negligence are two legal terms that are often confused. In Virginia, there is a difference between the two. Medical malpractice refers to a healthcare provider’s failure to provide a standard of care that a reasonable person in the same or similar profession would have done in the same situation. This means that the healthcare provider failed to meet the accepted standards of care for their profession. Medical negligence, on the other hand, refers to an act of negligence, which involves acting carelessly or with disregard for the safety of the patient. This means that the healthcare provider was aware of the harm their mistake might cause, but chose to do nothing to prevent it. For example, if a surgeon leaves a medical instrument inside a patient during surgery, that is medical malpractice. However, if a doctor prescribes the wrong medication to a patient, that is considered medical negligence. Therefore, while medical malpractice involves healthcare providers failing to meet the accepted standards of care, medical negligence involves healthcare providers being careless or acting without regard for the safety of the patients. As a result, in Virginia, medical malpractice has a higher legal standard than medical negligence, and victims of medical malpractice may be entitled to more compensation for damages than those of medical negligence.

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What is the difference between medical malpractice and medical negligence?

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