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Differences between negligence and malpractice in Delaware

On Behalf of | Jul 26, 2024 | Medical Malpractice

Understanding the differences between negligence and malpractice can help you better navigate legal issues. Both terms involve harm caused by someone’s actions, but they apply in different contexts and have unique implications.

What is negligence?

Negligence occurs when someone fails to act with the care that a reasonable person would in a similar situation. It involves carelessness, where an individual does not intend to cause harm but fails to take precautions to avoid it. 

For example, if a driver in Georgetown fails to stop at a red light and causes an accident, the court could deem them negligent. The critical aspect of negligence is the lack of intent to harm, paired with the failure to act responsibly.

What is malpractice?

On the other hand, malpractice is a specific type of negligence that applies to professionals like doctors, lawyers, and accountants. It occurs when these professionals fail to perform their duties to the required standards of their profession, leading to harm. 

In Delaware, a doctor who makes a critical error during surgery, resulting in injury to a patient, might be accused of malpractice. Medical malpractice involves a higher standard of care due to the professional’s expertise and training.

Key differences

The main difference between these concepts lies in the context and the duty of care. Negligence can happen in everyday situations and involves a general duty of care expected from any individual. Malpractice, however, specifically involves professionals who have to meet a higher standard of care due to their specialized knowledge and skills. 

For instance, a Wilmington family might experience negligence if their neighbor’s dog bites their child due to poor fencing. However, if a Middletown doctor misdiagnoses a serious condition, that could be malpractice.

Keeping informed and aware

Navigating legal terms like negligence and malpractice can be challenging. Talking to an experienced medical malpractice attorney can be a great first step toward determining whether you were the victim of negligence or malpractice.

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