What is the Difference Between Malpractice and Negligence in Healthcare?

James D. Washington, DBA
3 min readJul 27, 2023

If you’ve ever been to the doctor and had a negative outcome, you may wonder if the healthcare provider was negligent or if malpractice occurred. While the two terms may seem interchangeable, they actually refer to different actions and outcomes in healthcare.

Introduction

In this article, we will explore the difference between malpractice and negligence in healthcare. We will provide examples and explanations to help you better understand the distinctions between the two.

Malpractice vs Negligence

Malpractice in healthcare refers to unlawful harm or misconduct by medical professionals, according to Frakes (2015). On the other hand, negligence refers to the lack of action by a medical provider (King, 2015). A provider may be found negligent or be questioned by malpractice law if there are unintended consequences from a procedure. The difference between the two lays in the setting and circumstances (Frakes, 2015). For instance, patient harm by a physician who lacks competencies in the performed procedure may face malpractice charges while another physician who is deemed competent but knowingly deviated from protocol may be considered negligent.

From the Patient Standpoint

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