Difference between Negligence and Malpractice
Basis |
Negligence |
Malpractice |
---|---|---|
Meaning |
When someone does not take the same amount of care that a reasonable person would have taken in a similar situation, and as a result, harm, damage, injury, or loss is caused to another person, is known as negligence. |
When a professional fails to uphold their duty of care to a client, it is considered malpractice. |
Claims |
Victims of negligence might be anyone who has violated their duty of care. |
Professionals who violate their professional duty of care are subject to malpractice lawsuits. |
Scope |
Malpractice is included in the broader definition of negligence. |
A particular kind of carelessness is called malpractice, hence it is a narrow term. |
Result |
It is the outcome of an inadvertent action brought about by a failure to take the appropriate precautions that, in the given situation, ought to have been taken to prevent or minimize such harm. |
It is the outcome of an unjustified lack of expertise that leads to harm, damage, injury, or loss. |
Failure |
Failure to apply proper caution is considered negligence. |
Malpractice is the use of professional standards improperly when performing a specific professional skill. |
Intent |
In circumstances of carelessness, there may or may not be evidence of intent. |
In most cases of malpractice, there is purpose, which is the knowledge that harm may be committed. |
Example |
A negligent cab driver injures passengers |
A doctor fails to fulfill her duties in line with medical norms, causing injury to her patient. |
Difference between Negligence and Malpractice
Negligence and Malpractice are two different legal notions. Both may show that the defendant bears some of the blame for the victimâs losses, but the requirement of proof and the substance of the claim may vary based on whether the plaintiff alleges the defendant was negligent or engaged in malpractice. Everyone owes other people a responsibility of care. Negligence may nevertheless be applied if that obligation is broken. Since malpractice is defined as negligence resulting in injury, it may be categorized as negligence.
Table of Content
- What is Negligence?
- What is Malpractice?
- Difference between Negligence and Malpractice
- Conclusion
- Difference between Negligence and Malpractice- FAQs