If something goes wrong with medical treatment and you need to look for legal help, the terms used can be confusing. This article explains the difference between the terms “medical negligence”, “clinical negligence” and “medical malpractice”.
You may see phrases like medical negligence or clinical negligence. In England and Wales these terms mean the same thing.
You might have heard “Medical malpractice” used in TV shows to describe medical negligence, which is a term mostly used in America. It does not form part of English law in the same way, which is why we use a different name.
In this article we explain what these terms mean in clear, everyday language.
Is there a difference between Medical Negligence and Clinical Negligence?
Medical negligence and clinical negligence describe situations where a healthcare professional provides care that falls below the standard that a reasonably skilled professional should provide and the patient is harmed as a result.
This could involve a delay in diagnosing a condition, giving the wrong treatment or making a mistake during surgery. Not every medical error is negligent because medicine is not an exact science. The key question is whether the treatment fell below the standard expected of a competent professional.
To prove negligence you need to show three things. First that the healthcare provider owed you a duty of care. Second that they breached that duty by providing care that was not up to standard. Third that this breach caused the harm or injury you have suffered.
What about medical malpractice?
Medical malpractice is widely used in the United States. In English law the phrase is sometimes used informally but it does not describe a separate kind of legal claim. Negligence claims in England and Wales are almost always civil claims which deal with carelessness not intent.
If a healthcare professional intentionally causes harm the situation may move into criminal law rather than civil negligence. This is extremely rare and would involve behaviour so serious that it becomes a criminal offence.
How medical negligence claims work
Most negligence claims are made against a hospital trust or health board rather than an individual doctor. Expert medical evidence is usually required to show what should have happened and whether the treatment fell below the expected standard.
The purpose of a claim is to help the injured person receive compensation for the harm caused. This can cover things like lost earnings, further treatment or care needs.
Medical negligence examples
If a surgeon accidentally nicks a blood vessel during an operation and injury follows this could be medical negligence if the mistake was one that a competent surgeon would not have made.
If a doctor knowingly gives a patient medication that they are allergic to this could be so serious that it becomes a criminal matter. This is not medical malpractice in the American sense but rather potential criminal negligence.
The difference between medical negligence, clinical negligence and medical malpractice
Medical and clinical negligence mean the same thing in English law.
They cover situations where a healthcare professional provides care below an acceptable standard and causes harm.
Medical malpractice is mainly an American term and is not a separate type of legal claim in England and Wales.
If you believe you have been harmed by poor medical treatment you should seek advice from a specialist solicitor who can guide you through the process in a clear and supportive way.