Is Negligence the Same Thing as Malpractice?

Medical malpractice refers to a negligent action or inaction by a health care provider while treating a patient.

According to the American Bar Association, medical malpractice is:

Negligence committed by a professional health care provider—a doctor, nurse, dentist, technician, hospital, or hospital worker—whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients.

Notably, Florida’s statutes use the term medical negligence instead of medical malpractice.

Medical malpractice laws hold medical practitioners to a higher standard in their professional responsibilities. Most medical malpractice lawsuits are filed in a local state district court, although some circumstances allow for a federal court action.

Typically, the injured person files the case and is known as the plaintiff. The health care providers sued are known as the defendants. If the victim has died, the personal representative of their estate may bring a wrongful death action for the benefit of the estate and the deceased’s surviving family members.

To succeed in a Florida medical malpractice claim, the plaintiff must establish the following:

1. Duty of Care. A plaintiff must show that there was a professional relationship between themselves or their loved one and their medical provider. This relationship gives rise to a duty to provide the prevailing professional standard of care. The law defines the prevailing professional standard of care as the level of care and skill a reasonably prudent provider with similar qualifications would provide under the circumstances.
2. Breach of Duty of Care. The plaintiff must present evidence, such as medical records and expert witness testimony, showing that the health care provider was negligent and failed to meet the applicable standard of care.
3. Causal Relationship. The breach of the duty of care led to an injury.
4. Damages. Finally, the plaintiff must prove they suffered damages from the malpractice. Such losses could include monetary compensation to cover medical expenses, lost wages, and pain and suffering.