Difference Between Medical Negligence and Medical Malpractice in Miami

Some of you must be thinking that Medical Negligence and Medical Malpractice are synonyms and used interchangeably. No, they are not exactly the same. Miami medical malpractice attorneys can help you deal with such cases. But in this blog, we will discuss the difference between Medical Negligence and Medical Malpractice in Miami because you should also be aware of the basic difference. So, Let us start-

Medical Negligence

In simple words, medical negligence is when the health care provider, be it doctors, nurses,dentists or any other medical personal; fails to provide the care as per the set standards(medical standards of care). It may be harmful to the patient or can be harmless. 

Example of Medical Negligence

Any medical health provider like the doctor, nurse, dentist, or other medical professional provides treatment sub-standard to the accepted norms. In simple words, the treatment quality provided is poor than the expected quality from the doctor, as the failure to understand symptoms and to do unnecessary surgery.


Injury is usually not caused to the patient in medical negligence, but the damage is evident when it turns into medical malpractice.


The patient can not prove medical negligence in the court of law unless it turns into medical malpractice.

Medical Malpractice

When the health care provider knowingly did not follow the standard of care, causing injury to the patient is medical malpractice. When a negligent doctor does the treatment causes harm to the patient.

Example of Medical Malpractice

Surgery performed on the wrong body part, incorrect procedures on the patient, false diagnosis, and unfair treatment. It also includes injuries caused during birth, surgical errors, extraction of different teeth, misdiagnosis of oral cancer and errors at the time of anesthesia.


Injury caused to the patient in medical malpractice can be of different types like physical injury caused due to surgery performed on other body parts, financial loss due to job loss, mental stress, and increase in medical bills due to additional surgery.


Patients can make Medical malpractice claims if the patient can establish a patient-doctor relationship in court. To prove medical malpractice, proof of injury or damage has to be submitted in court; it can be another medical expert testimony or loss of money in medical bills.


Not all medical negligence cases turn into medical malpractice cases, but sometimes this happens. The law supports patients in such cases. It is both the duty of the patient and the doctor; the patient needs to be vigilant and the doctors need to  work more cautiously