Medical malpractice vs. Negligence

Medical Malpractice vs. Negligence: What’s the Difference?

Have you had an issue with a medical procedure or a medical professional and are considering pursuing a lawsuit? If so, you may have been the victim of medical malpractice or medical negligence. Either way, you may have cause to obtain a malpractice lawyer and pursue a malpractice lawsuit.

We’ll explain the primary differences between medical malpractice and medical negligence by answering the following questions:

  • What is medical negligence?
  • What is medical malpractice?
  • Can I sue for damages for both medical malpractice and medical negligence?

Whether you’ve been a victim of medical negligence or medical malpractice, an experienced malpractice lawyer can help you build a strong case.

What is medical negligence?

When it comes to personal injury law, negligence is defined as when someone’s recklessness or carelessness caused you to be injured. To make a case for medical negligence, you or your malpractice lawyer must be able to prove that a medical professional or institution breached their duty to protect your safety, and that their breach of duty caused you an injury.

You can sue a doctor or a nurse, or even a hospital for medical negligence. Your malpractice lawyer must be able to prove that a medical professional did not provide an acceptable medical standard of care in order to have a successful case for medical negligence.

What is medical malpractice?

Medical malpractice is much more serious than medical negligence. With medical negligence, a medical professional is considered to have made an avoidable, but unintentional mistake, whereas with medical malpractice, a medical professional is determined to have been intentionally negligent.

These are some of the most common causes of medical malpractice lawsuits:

  • You were not diagnosed properly or your medical professional failed to order the proper tests for you.
  • A medical professional made an error during surgery or performed unnecessary surgery on you.
  • You were prescribed the wrong medication.
  • A medical professional intentionally disregarded your medical history.

More than just doctors, surgeons, or nurses can be held liable for medical malpractice. Hospital staff managers or supervisors can be held accountable for medical malpractice if they do not provide adequate supervision or hire unqualified staff, and either of these events caused a patient to be harmed.

A malpractice lawyer can provide you with more information on who can be held liable for medical malpractice.

Can I sue for damages for both medical malpractice and medical negligence?

Yes, a medical malpractice lawyer can help you sue for damages whether you’ve been the victim of medical negligence or medical malpractice.

These are the two most common types of damages that a malpractice lawyer can help you get:

  • Compensatory damages. These reimburse or compensate you for the costs associated with your injury.
  • Punitive damages. These are not awarded as frequently as compensatory damages, and are designed to punish the party responsible for causing you harm. They are not considered compensation for a victim’s need, but they are awarded to victims of medical malpractice.

Compensatory damages can include money to cover all of the following:

  • Medical expenses, including medical bills, physiotherapy, prescription medication, and additional surgery.
  • Pain and suffering. This is monetary compensation for both the physical pain you are suffering and emotional distress due to your injuries.
  • Loss of wages. You can seek compensation for lost wages or lost future earning potential if you’ve been severely injured due to medical negligence or medical malpractice.

A malpractice lawyer can discuss what kind of damages you may be eligible for with you.

How can a Sommers Roth & Elmaleh malpractice lawyer help me?

It can be extremely challenging trying to navigate the medical-legal system independently. If you or a loved one have been a victim of medical negligence or medical malpractice, you don’t need the added stress of trying to fight an insurance company on your own.

That’s why it’s so essential to hire a malpractice lawyer when you’re pursuing a case. When you consult with a malpractice lawyer from Sommers Roth & Elmaleh, we’ll:

  • Talk to you about the differences between medical negligence and medical malpractice.
  • Discuss who you can bring a case against (e.g., doctors, nurses, etc.).
  • Discuss our experience with you in pursuing medical negligence and medical malpractice cases.
  • Tell you what we’ll need to do to have a successful case.
  • Talk about our next steps if you want to pursue a case.
  • Talk to you about what kind of damages you may be able to receive. You can use damages received from a court case to cover a variety of expenses, including everything from physiotherapy to home accessibility modifications to attendant care services.

A medical malpractice lawyer can help you make your way through a complicated medical suit, thus helping you resolve it more quickly and with less stress than you could on your own.

There Are So Many Benefits to Hiring a Malpractice Lawyer

Everyone deserves to be treated competently by medical staff, whether that’s a doctor, nurse, surgeon, or another medical professional. When this doesn’t happen, you can be a victim of either:

  • Medical negligence due to an avoidable but unintentional mistake, or
  • Medical malpractice due to a medical professional being deliberately negligent, such as performing unnecessary surgery, failing to order necessary tests, or prescribing the wrong medication.

Whether you’ve been the victim of medical negligence or medical malpractice, a malpractice lawyer can help you build a case and sue for damages.

When you work with a malpractice lawyer from Sommers Roth & Elmaleh, we’ll sit down and take the time to learn about your case. We’ll advise you on who you can bring a case against, what kind of damages you may be eligible for, and how we can help you get started on pursuing a case.

Contact Us to Learn More About Hiring a Malpractice Lawyer

Whether you’ve been the victim of medical negligence or medical malpractice, you deserve to have a malpractice lawyer fight your case for you. We only get paid if you win your case, and offer you a free consultation with an experienced malpractice lawyer. To learn more about how we can help you, call us at 416-961-1212 or contact us online.

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If you have been affected by medical malpractice anywhere in Canada contact us for a free consultation.
You pay us nothing unless we win.



A lawyer from Sommers Roth & Elmaleh will be in touch with you as soon as possible. Please note that no lawyer-client, advisory, or fiduciary relationship is created by your inquiry. All information provided is confidential.

The above information is not legal advice. Past results of cases and recoveries by our medical malpractice lawyers against hospitals, doctors, midwives, nurses and other healthcare professionals are not necessarily indicative of future results. The amounts recovered and other litigation outcomes will vary according to the facts in individual cases.