Denlea & Carton


December 07, 2023

What Is the Difference Between Malpractice and Negligence?

Obtaining Compensation After a Medically-Related Injury

When you go to a doctor or healthcare provider, you expect to receive a reasonable standard of care. You expect that they will make you better, not worse. And you do not expect to suffer additional harm as a result of their care and treatment. Unfortunately, medical malpractice happens frequently. If you sustain an injury related to the substandard care of a healthcare professional, you need to speak with an attorney.

At Denlea & Carton, LLP, we represent medical malpractice victims. Our lawyers will work tirelessly to obtain a favorable outcome in your case. We know the devastation that substandard care can cause. Our lawyers will help to hold all potentially liable parties accountable for their wrongdoing. If you suffered harm from a medical professional, contact our office at (914) 368-7168 to schedule a free consultation. 

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare professional fails to provide a reasonable standard of care, resulting in harm to a patient. In order to qualify as malpractice, the person causing the harm must be a professional in the field. Medical malpractice claims can be brought against a hospital or an individual provider. In some cases, claims may be brought against multiple parties, with several people sharing a portion of the blame. 

What Is Negligence?

Negligence is a broader term that may apply to both professionals and non-professionals. To determine whether you have a valid claim for damages, you should consult with an attorney.

In order to file a case based on negligence, you must show:

  • The defendant owed you a duty;
  • The defendant breached that duty;
  • The breach of that duty caused your injuries; and
  • You suffered actual damages.

You are unable to file a claim if you do not have actual, verifiable damages. Damages may include compensation for your medical bills, lost wages, and more.

What Is the Difference Between Malpractice and Negligence?

While the terms are often used interchangeably, malpractice and negligence refer to two different things. Malpractice is specific to professionals. It occurs when a professional provides a standard of care below industry standards resulting in harm. Negligence, on the other hand, is not limited to professionals. A claim for negligence can be made any time that a person owes another party a duty of care and breaches that duty. 

If you are injured by another party, you might be entitled to compensation through a negligence or malpractice lawsuit. It is important to discuss your case with an attorney to determine the best course of action. A lawyer will guide you through the process and help you obtain the recovery you deserve. 

Contact Our Office to Learn More

Were you injured by another person’s negligence or substandard care? Contact our office to schedule a free, no-obligation case evaluation. Call (914) 368-7168 to speak directly with a member of our legal team. Do not accept a settlement offer without first consulting with an attorney. We are here to help you get the results you need and deserve. Call now to get started. 


James R. Denlea

Jeffrey I. Carton

Robert J. Berg

Lindsey Leibowitz

Amber Wallace

John Leifert

Craig Cepler

Steven Schoenfeld

Stan Sharovskiy

Phil Smith

Martin McCann

Catherine Friesen

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