Is there a difference between professional negligence and medical malpractice?

Yes, there is a difference between professional negligence and medical malpractice. Professional negligence is when a professional fails to provide services that are expected of someone in their profession, and this results in the professional being liable for the damage caused. For example, if a lawyer fails to meet a filing deadline and this results in a client losing a case, the lawyer may be liable for the damages due to professional negligence. On the other hand, medical malpractice is when a healthcare professional fails to adhere to a standard of care established by law and this results in harm to the patient. Examples of medical malpractice include prescribing the wrong medication, misdiagnosis, and surgical errors. In California, professional negligence and medical malpractice are both governed by the same legal standards. Medical malpractice cases are subject to a stricter standard of care than professional negligence cases, and plaintiffs in medical malpractice cases must demonstrate that the healthcare professional failed to meet an acceptable standard of care. In professional negligence cases, a plaintiff must demonstrate that the professional breached a duty of care owed to the client and that the breach caused harm. Overall, professional negligence and medical malpractice both involve professionals failing to meet a standard of care and resulting in harm to a plaintiff. However, medical malpractice is subject to a stricter standard of care than professional negligence.

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