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

Medical malpractice and negligence claims both involve allegations of harm due to a medical professional’s careless or wrongful act. The main difference between the two claims is that medical malpractice requires the plaintiff to prove that the medical professional was negligent and violated the accepted medical standards of care. In order to succeed in a medical malpractice claim in Virginia, a plaintiff must prove that the medical professional failed to meet the standard of medical care owed to the patient and as a result, the patient suffered an injury or death. The standard of care varies for each medical professional and is typically that of either a reasonably prudent health care provider with similar training and experience or the practice standard within the locality. On the other hand, a negligence claim does not require the plaintiff to show that the medical professional violated the accepted standard of care. Instead, it requires proof that the medical professional’s actions or inactions were careless or unreasonable and that this caused harm to the patient. In summary, the main difference between medical malpractice and negligence claims in Virginia is that in the former, the plaintiff must prove that the medical professional violated the accepted medical standard of care; whereas in the latter, the plaintiff must prove that the medical professional was careless or unreasonable in their actions or inactions.

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