If you're a professional, you may have heard the terms "professional negligence" and "malpractice" used interchangeably. After all, both refer to a professional who has failed in their duty to provide adequate care or skill to a client, leading to injury or loss, right?
Not quite. Both have several characteristics in common, but there are also important distinctions to keep in mind.
In this blog post, we'll talk about the difference between professional negligence and malpractice so you'll know what to do if either of those things happen to you.
Professional negligence is a type of civil wrong that can happen when a professional, like a doctor, lawyer, or accountant, doesn't do their job as well as a reasonable person in the same field would.
This can happen when the professional provides substandard services, makes errors in their work, or fails to follow through on their duties.
Professional negligence can result in physical or financial harm to the person served by the professional. If you believe that you have been the victim of professional negligence, you may be able to file a lawsuit against the responsible party.
When it comes to professional negligence, there are a few different ways that this can happen. First, there is the act of commission. This is when a professional does something they should not have done, harming their client.
For example, a doctor may prescribe the wrong medication for a patient, which could worsen their condition. Second, there is the act of omission. This is when a professional fails to do something they should have done, harming their client.
For example, if a dentist fails to spot a cavity during a routine check-up, the hole could grow and cause more damage to the tooth.
Both of these acts can be considered malpractice if they harm the client. To prove that malpractice has occurred, you need to show that the professional breached their duty of care to you and that this breach resulted in you suffering some damage.
In the event that you believe you have been the victim of professional negligence, it is in your best interest to consult with an attorney as quickly as possible.
No, professional negligence and malpractice are not the same things. Professional negligence is a failure to exercise the degree of care expected of a professional in a given situation.
On the other hand, malpractice is a professional's intentional wrongdoing or incompetence that harms a client.
Professional negligence and malpractice are not the same things. Malpractice is a type of professional negligence that occurs when a professional fails to uphold the standards of care in their profession, resulting in harm to their client.
Professional negligence can also occur when a professional breaches their duty of care to their client, resulting in financial or other damages.
Malpractice is a type of professional negligence that occurs when a professional fails to provide the standard of care expected in their field, resulting in harm to their client.
Professional negligence can take many forms, but some common examples of malpractice include the following:
If you believe you have been the victim of professional negligence, you may be able to file a lawsuit against the responsible party. An experienced attorney can help you investigate your claim and determine if you have a valid case.
Professional negligence and malpractice are not the same, but professional failure can lead to malpractice. To prevent professional negligence, always do your best to provide quality services and meet the standards of your profession.
Please communicate with your clients to ensure they understand what they can expect from you.
Be honest about your abilities and limitations. Keep up with continuing education and stay current in your field. Document everything, including client communications, so there is a record of what was said and done.
If something goes wrong, take responsibility and apologize. Offer to make things right if possible. Learn from your mistakes so you can prevent them from happening again.
Conclusion
No, professional negligence is not the same as malpractice. Malpractice is a type of professional negligence that occurs when a professional fails to provide the standard of care that their profession requires, which results in harm to their client.
Copyright © 2022 Hughes Law. All rights reserved
