The Moses Firm: Medical Malpractice Lawyers | November 25, 2025 | Medical Malpractice
When someone is harmed by a healthcare provider in Georgia, they may hear the terms “medical malpractice” and “medical negligence.” Although these phrases are sometimes used interchangeably, they have important differences. Understanding these differences can help you decide if you may have a legal claim. This article explains both concepts in simple language and outlines how they work under Georgia law.
Understanding Medical Negligence
Medical negligence occurs when a healthcare provider fails to give the level of care that another competent professional would provide in the same situation. The harm may result from a careless mistake or oversight rather than intentional wrongdoing.
Some common examples of medical negligence include:
- Failing to diagnose a serious condition
- Administering the wrong medication
- Misreading test results
- Failing to monitor a patient properly after treatment
To prove medical negligence, you generally need to show four things: that the provider had a duty to you, breached that duty, caused an injury, and that you suffered damages such as medical expenses, pain, or lost income. Even though negligence is often unintentional, it can still have serious consequences for patients.
Understanding Medical Malpractice
Medical malpractice occurs when a healthcare professional’s actions fall below accepted standards of care and result in harm to a patient. Malpractice can involve careless behavior, but it does not require intent to harm.
Not all medical errors qualify as malpractice. Malpractice usually involves:
- A failure to meet accepted medical standards
- Errors or omissions that a reasonably competent provider would have avoided
- Improper diagnosis, treatment, or aftercare that results in patient harm
In a malpractice case, you must prove that a doctor-patient relationship existed, the provider breached professional standards of care, the breach caused harm, and real damages occurred. Expert testimony is often required to show how the provider deviated from the standard of care and caused harm.
Key Differences Between Negligence and Malpractice
While both medical negligence and medical malpractice involve a provider failing to act with reasonable care, the legal distinction is based on context — not severity or intent.
- Medical negligence can refer broadly to careless or unintentional mistakes.
- Medical malpractice refers specifically to professional negligence by a licensed medical provider. It is governed by Georgia’s medical malpractice statutes, including special requirements.
Both require proving a breach of the standard of care that caused harm. Malpractice claims are often more complex because Georgia law requires an expert affidavit supporting the claim when the lawsuit is filed.
Why Knowing the Difference Matters
Understanding whether your case is negligence or malpractice can impact legal strategy and potential outcomes. Successfully proving malpractice can also hold medical professionals accountable for significant breaches of care. For negligence cases, attorneys may focus on demonstrating that a reasonable provider would have acted differently.
For malpractice cases, lawyers must rely on expert opinions and medical records to show that the provider deviated from the applicable medical standard of care, even if the error was not extreme or reckless. Knowing the difference helps you and your attorney determine the best way to proceed.
Thinking About It Clearly
Medical negligence often describes an unintentional mistake or oversight. Medical malpractice is a legal term for professional negligence — meaning that a healthcare provider failed to meet the accepted standard of care and caused harm. The difference is primarily legal, not based on the severity of the mistake.
If you or a loved one has been harmed by a healthcare provider in Georgia, understanding the difference between negligence and malpractice can help you make informed decisions. An experienced personal injury attorney can guide you and help you pursue the compensation you deserve.
Contact the Atlanta Medical Malpractice Attorneys at The Moses Firm: Medical Malpractice Lawyers for a Free Initial Consultation
For more information, please contact The Moses Firm: Medical Malpractice Lawyers to schedule a free consultation with a medical malpractice lawyer in Atlanta, GA, today.
We are proud to serve clients throughout Atlanta, Fulton County, and the surrounding communities.
The Moses Firm: Medical Malpractice Lawyers
3490 Piedmont Rd NE #1206,
Atlanta, GA 30305
(404) 721-1050