What is the difference between a medical malpractice claim and a negligence claim?

Medical malpractice and negligence claims are two very different types of legal claims. Medical malpractice claims are acts committed by a medical professional, such as a doctor, that the patient believes deviated from the accepted standard of care or practice. Negligence claims are often accusations against a person, product, or company that resulted in an injury or wrongful death. Medical malpractice claims can be used to sue a health care provider for failing to act in a reasonable and accepted manner. Negligence claims, however, can be made against any person, product, or company for any damage or injury that is deemed to be a breach of care. In Florida, medical malpractice claims must meet the state’s specific laws and regulations and include an affidavit filled out by an expert witness that verifies the medical malpractice. Negligence claims, on the other hand, can require specific evidence such as proof that the responsible party acted in a careless, irresponsible, or reckless manner. In summary, the main difference between a medical malpractice claim and a negligence claim is the accused party and the distinguishing evidence needed to prove each claim. With a medical malpractice claim, you must prove the health care provider failed to act in a reasonable and accepted manner, while with a negligence claim, you must prove the responsible party acted in a careless, irresponsible, or reckless manner.

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