When you’ve been harmed by a healthcare provider’s mistake, it’s easy to feel confused and overwhelmed. You may have heard terms like "medical malpractice" and "negligence" used interchangeably, but in the legal world, they have distinct meanings. Understanding the difference is crucial for anyone in Maryland who believes they have a valid claim.
What is Negligence?
At its core, negligence is a legal concept that describes a failure to exercise the care that a reasonable person would in a similar situation. It applies to a wide range of scenarios, not just medical ones. For example, a driver who runs a red light and causes an accident is negligent. The key is that the individual's actions fall below the accepted standard of care, and this failure directly leads to someone else's injury.
To prove negligence, you generally need to show four things:
Duty of Care: The defendant had a legal obligation to act in a certain way towards the plaintiff.
Breach of Duty: The defendant failed to fulfill that duty.
Causation: The breach of duty directly caused the plaintiff's injuries.
Damages: The plaintiff suffered actual harm or loss.
What is Medical Malpractice?
Medical malpractice is a specific type of professional negligence. It occurs when a healthcare professional — a doctor, nurse, dentist, or even a hospital — deviates from the accepted standard of care in their field, resulting in a patient’s injury or death.
The "standard of care" is what a similarly trained and skilled medical professional would have done under the same circumstances. For instance, if a surgeon fails to follow a standard procedure, and their patient suffers a serious infection as a result, that could be considered medical malpractice.
While all medical malpractice is a form of negligence, not all negligence is medical malpractice. The key distinction lies in the professional context and the required standard of care. To have a medical malpractice claim in Maryland, the breach must be by a medical professional acting in their professional capacity. You often need an expert medical witness to testify that the provider's actions fell below the accepted standard.
Key Differences
| Feature | Negligence | Medical Malpractice |
| Scope | Broad legal concept applying to all individuals and professionals | Specific type of negligence involving healthcare professionals |
| Standard | "Reasonable person" standard | "Accepted medical standard of care" for a specific medical field |
| Proof | Can be straightforward to prove with common knowledge | Often requires expert medical testimony to prove the breach of duty |
| Context | Applies to everyday situations (e.g., car accidents) | Exclusively applies to the medical field |
Understanding these differences is the first step toward seeking justice.
Medical Negligence Attorney in Baltimore
If you believe you or a loved one has been harmed by a medical error in Maryland, it’s essential to speak with an experienced legal team. The dedicated attorneys at Miller Stern Lawyers LLC are here to help you navigate this complex process. We understand the physical, emotional, and financial toll these incidents can take. Our mission is to fight for the compensation you deserve so you can focus on healing.
Don't wait. Your time to file a claim may be limited by Maryland's statute of limitations. Contact us today at (410) 529-3476 for a confidential consultation. Let us put our successful experience to work for you.