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

by The Beasley Firm  |  October 28, 2022  |  

When a Medical Mistake Becomes Malpractice in Pennsylvania

While it may seem unthinkable, medical mistakes happen every day in hospitals throughout Philadelphia and across the United States. While medical mistakes can be frustrating, they do not all equate to medical malpractice. If you are harmed due to a healthcare professional’s negligence, you need to speak with an attorney to determine if you have the right to file a claim.

At The Beasley Firm, we are Pennsylvania’s leading medical malpractice litigation firm. For over six decades, we have been representing clients who have been harmed by malpractice. We have obtained multiple multi-million dollar recoveries for our clients including one of the largest medical malpractice verdicts in state history.

If you believe that you were the victim of medical malpractice, contact our office at (215) 866-2424 for a free consultation. 

What Is Medical Negligence?

Medical negligence occurs when a healthcare provider such as a doctor or nurse is careless or fails to provide a reasonable standard of care. Mistakes happen, even in doctor’s offices or on the operating room floor, but they do not always result in liability. 

While medical negligence may lead to harm, it is different from medical malpractice in the fact that the act or omission that caused the harm was unintentional. 

What Is Medical Malpractice?

Despite being used interchangeably, medical malpractice and medical negligence refer to two different concepts. In medical malpractice cases, the harm is generally caused by a healthcare provider’s intentional recklessness. For example, if they knew the potential risks to the patient and performed the procedure anyway it may rise to malpractice. 

How Widespread Is Medical Malpractice?

According to a Johns Hopkins study, over 250,000 people die each year from medical errors. If so, this makes medical errors one of the leading causes of death in the United States. Individuals who suspect that a doctor or nurse’s intentional recklessness caused them harm are strongly encouraged to speak with a Philadelphia medical malpractice attorney today.


What Are Common Examples of Medical Malpractice?

Medical malpractice encompasses a wide range of potential claims. Any time that you are injured due to a medical professional’s decision or failure to act, it may rise to medical malpractice. However, it is important to discuss your case with an attorney since not all claims will result in liability.

Common examples of medical malpractice include:

  • Surgical errors
  • Medication errors
  • Misdiagnosis, delayed diagnosis, or missed diagnosis
  • Birth injuries
  • Sports medicine malpractice
  • Dangerous or defective medical devices
  • Improper treatment
  • Lack of informed consent

Proving a medical practice claim can be difficult without the assistance of an attorney. Pennsylvania has specific rules regarding medical malpractice cases including that you must obtain a certificate of merit from a medical expert. The expert must sign the certificate agreeing that there is validity to your claim.

Contact Our Medical Malpractice Lawyers Today

If you have been injured as the result of medical malpractice, contact our office at (215) 866-2424 to schedule a free consultation. We have secured over $2 billion on behalf of our clients and will work tirelessly to ensure you receive the money you deserve. Call our office today to speak directly with an attorney.

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