Difference Between Negligence and Malpractice
1. Negligence
Definition:
Negligence occurs when a person fails to exercise the level of care that a reasonably prudent person would under similar circumstances, causing harm or damage to another person.
Key elements of negligence:
Duty of care: The defendant owed a duty of care to the plaintiff.
Breach of duty: The defendant breached that duty by acting or failing to act reasonably.
Causation: The breach caused harm or injury.
Damage: The plaintiff suffered actual damage or loss.
Example:
If a driver runs a red light and causes an accident, the driver may be negligent because they failed to act as a reasonable driver would.
Case law example:
Donoghue v. Stevenson (1932) — This classic case established the principle that manufacturers owe a duty of care to consumers. Mrs. Donoghue fell ill after drinking a ginger beer containing a snail. The court held the manufacturer liable for negligence, establishing that a duty of care exists to avoid causing harm.
2. Malpractice
Definition:
Malpractice is a type of negligence specifically relating to professionals — it occurs when a professional (like a doctor, lawyer, or accountant) fails to perform their duties to the standard expected in their profession, causing harm to the client or patient.
Key difference:
Malpractice involves a professional duty and failure to meet professional standards, while negligence is broader and applies to any failure to exercise reasonable care.
Example:
A doctor performing surgery on the wrong limb or making an obvious surgical error can be guilty of medical malpractice.
Case law example:
Bolam v. Friern Hospital Management Committee (1957) — This case set the standard for medical malpractice. The court held that a doctor is not negligent if acting in accordance with a practice accepted as proper by a responsible body of medical professionals. The “Bolam test” determines whether the professional met the accepted standard of care.
Summary Table
| Aspect | Negligence | Malpractice |
|---|---|---|
| Applies to | Everyone | Professionals (doctors, lawyers, accountants) |
| Nature of duty | General duty of reasonable care | Professional duty with specialized standards |
| Standard of care | Reasonable person | Reasonable professional in the same field |
| Example | Driver causes an accident | Doctor makes a surgical error |
| Case law | Donoghue v. Stevenson | Bolam v. Friern Hospital Management |
In short:
Negligence is a failure to take reasonable care, causing harm. It applies to everyone.
Malpractice is negligence by a professional who fails to meet their profession’s standards, causing harm
RELATED Blog
0 comments