February 9, 2026 | Medical Malpractice
When a patient is harmed during medical treatment, the terms medical malpractice and medical negligence are often used interchangeably. While they are closely related, they are not exactly the same. Understanding the difference between medical malpractice and medical negligence can help injured patients better understand their rights and whether they may have a valid legal claim.
Understanding Medical Negligence
Medical negligence refers to a healthcare provider’s failure to act according to the accepted standard of care. The standard of care is the level of skill, competence, and judgment that a reasonably qualified medical professional would provide under similar circumstances.
Negligence occurs when a doctor, nurse, hospital, or other healthcare provider makes a mistake or omission that a reasonably careful provider would not have made. Importantly, negligence alone does not automatically mean a patient has a viable lawsuit.
Common examples of medical negligence include:
- Failing to diagnose a medical condition in a timely manner
- Prescribing the wrong medication or dosage
- Misreading or ignoring test results
- Failing to monitor a patient after surgery or treatment
In legal terms, negligence is one element of a medical malpractice claim—but by itself, it does not establish liability.
What Is Medical Malpractice?
Medical malpractice is a specific type of personal injury claim that arises when medical negligence causes actual harm to a patient. In other words, malpractice occurs when negligence leads directly to injury, worsening of a condition, or death.
To successfully prove medical malpractice, a plaintiff generally must establish four key elements:
- Duty of Care: The healthcare provider owed a duty to the patient.
- Breach of Duty: The provider breached the standard of care through negligent action or inaction.
- Causation: The breach directly caused the patient’s injury.
- Damages: The patient suffered measurable harm, such as medical expenses, pain and suffering, or lost income.
Without all four elements, a medical malpractice claim typically fails—even if negligence occurred.
The Key Difference Explained Simply
The simplest way to understand the distinction is this:
- Medical negligence is the mistake or failure by a healthcare provider.
- Medical malpractice occurs when negligence causes harm and gives rise to a legally actionable claim.
Imagine a doctor reviews a patient’s chart before surgery but overlooks a documented allergy to anesthesia. Failing to notice the allergy is medical negligence. If the doctor catches the mistake in time and no harm occurs, there is usually no legal claim.
However, if the doctor administers the anesthesia anyway and the patient suffers a severe allergic reaction resulting in complications, that negligence has caused actual harm. At that point, the situation may qualify as medical malpractice because the provider’s mistake directly led to an injury.
Why the Distinction Matters
Understanding the difference between negligence and malpractice is critical because not every medical error qualifies as malpractice. Medicine is complex, and poor outcomes do not always mean a provider did something illegal.
For example, a doctor might make a reasonable judgment call based on the symptoms presented, even if the outcome is unfavorable. In such cases, negligence may not exist at all. Alternatively, negligence may exist, but if it did not cause measurable harm, there may be no malpractice claim.
Courts rely heavily on expert testimony to determine whether the standard of care was breached and whether that breach caused the patient’s injuries.
Common Types of Medical Malpractice Claims
Medical malpractice cases can arise in many different healthcare settings, including hospitals, clinics, emergency rooms, and nursing homes.
Common types of malpractice claims include:
- Surgical errors
- Misdiagnosis or delayed diagnosis
- Birth injuries
- Anesthesia errors
- Medication errors
- Failure to obtain informed consent
Each case is highly fact-specific and requires detailed medical and legal analysis.
What to Do if You Suspect Medical Malpractice
If you believe you or a loved one has been harmed due to a medical provider’s negligence, it is important to act quickly. Medical malpractice claims are subject to strict statutes of limitations and procedural requirements that vary by state.
An experienced medical malpractice attorney can review medical records, consult with qualified experts, and determine whether negligence occurred—and whether it rises to the level of malpractice.
Contact Fellerman & Ciarimboli, Law PC for a Free Consultation With a Scranton Medical Malpractice Lawyer
While medical negligence and medical malpractice are closely related, they are not the same. Negligence refers to a breach of the standard of care, while malpractice occurs when that negligence results in injury and damages. Understanding this distinction can help patients make informed decisions about their legal options after a medical error.
If you have questions about a potential medical malpractice claim, speaking with a knowledgeable attorney can help you understand your rights and next steps. Contact Fellerman & Ciarimboli, Law PC today for a free consultation with a Scranton medical malpractice attorney.
For more information, contact Fellerman & Ciarimboli, Law PC to schedule a free consultation with our experienced personal injury attorneys. We proudly serve clients in Scranton, Kingston, Berwick, PA, and Columbia, Lackawanna, Luzerne Counties. We’re here to fight for your rights with trusted, experienced legal support. Let us help you get the justice and compensation you deserve.
Fellerman & Ciarimboli, Law PC Scranton
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